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(영문) 울산지방법원 2018.08.31 2018고단1798
소방기본법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

No person shall interfere with the extinguishment of fire, lifesaving, and emergency medical services by using violence or intimidation to fire-fighters dispatched without justifiable grounds.

Nevertheless, around 22:27 May 19, 2018, the Defendant was under the influence of alcohol in the c Sariba parking lot located in Seo-gu in Gwangju-gu, Gwangju, and received basic emergency treatment by E, a member of the Emergency Center D 119 Safety Center affiliated with the Seo-gu Fire Station D 119 Safety Center dispatched after receiving a 119 report, and was transferred to others, and had the Defendant wear the safety belt, without any justifiable reason, the Defendant was able to take one back of the victim as a drinking.

Accordingly, the defendant interfered with the emergency service activities of fire fighter dispatched by violence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. Reporting on the trend of violence against emergency medical services members, photographs, CCTV photographs, organization chart of mobilization units, and prevention of emergency medical services activities;

1. Application of the legislation in its opinion;

1. Article 50 Subparag. 1 (c) and Article 16(2) of the former Framework Act on the Fire-Fighting (Amended by Act No. 15532, Mar. 27, 2018); the choice of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Even if the Defendant’s assertion as to the Defendant’s argument that the memory is not well-beingd by being drunk under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, in light of the background leading up to the instant crime, the means and method of the instant crime, the progress after the instant crime, etc., the Defendant was in a state that, at the time of the instant crime, the Defendant had no or weak ability to discern things or make decisions.

Therefore, the above argument cannot be accepted.

In order to protect the lives, bodies and property of the people with reason of sentencing, attacking fire fighters (emergencys) who act on the top line should be strictly punished as an action against public peace, and in this sense, interference with the execution of general official duties.

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