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(영문) 서울서부지방법원 2019.10.23 2019고단2945
공무집행방해등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall obstruct fire extinguishment, lifesaving, first-aid services, etc. performed by any fire brigade dispatched without justifiable grounds.

Nevertheless, at around 05:05 on June 29, 2019, the Defendant sent out to the site the Mapo Fire Station affiliated with D’s ambulances (Mapo6-8, E) and the Defendant’s friendly-gu emergency exit at the request of the head of the Gu, which is a “mapo-8, a man’s shoulder room in front of the above place,” etc., leading the Defendant to the said fire officers, F, and G, who are fire officers belonging to D, carrying the said ambulances, “I wish to die, sprink, sprink, and sprink.” On the part of the above fire officers, the Defendant collected two kinds of emergency equipment (non-sprink, sprink, sprink, and sprink) loaded to the said fire officers and damaged the repair cost of approximately 1.7 million won.

Accordingly, the Defendant assaulted fire officers who are public officials, thereby hindering legitimate performance of public duties such as rescue and first aid, and at the same time damaged public goods as above.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G statements;

1. Reporting the occurrence of a incident interfering with fire-fighting activities by 119 metropolitan investigation teams;

1. Destruction of the first-aid equipment and photographs;

1. Emergency medical service manuals and emergency medical service log;

1. Application of Acts and subordinate statutes to the results of investigation reports (the analysis of the CCTV image in the ambulances), the closure photographs, and the reproduction and viewing of additional CDs;

1. Relevant provisions of Article 136 (1) of the Criminal Act for facts constituting a crime, subparagraph 1 (c) of Article 50 of the Framework Act on Fire Services (the point of obstructing emergency medical services due to violence and intimidation) and subparagraph 1 (d) of Article 50 of the Framework Act on Fire Services (the point of impeding emergency medical services due to damage to fire-fighting equipment

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on the crimes of damaging Articles for Public Use, the crimes of which are the largest among the crimes)

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

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