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(영문) 서울남부지방법원 2016.12.01 2016고단4526
소방기본법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On September 21, 2016, at around 21:08, the Defendant was under the influence of alcohol on the roads of the Gangseo-gu Seoul Metropolitan Government Dyang-ro 1071, by fire officers B and C belonging to the Seoul Gangseo-gu fire station, who were dispatched to the site, the Defendant was transferred to the emergency department of the Leeyang-ro 1071. However, the Defendant was not able to undergo medical treatment by avoiding disturbance at the emergency department.

In addition, at around 22:05 on the same day, the Defendant abused B’s face from the above B to another hospital in front of the emergency room of the above Lee Ho-dong Hospital, without a clear reason, to request the first-aid vehicle to take aboard the hospital in order to transport the hospital to another hospital. On the same day, at around 22:23 on the same day, the Defendant was assaulted, such as getting off the cirth face from the police station installed in the above emergency vehicle to another hospital, and taking off the face of the above B.

Accordingly, the defendant interfered with emergency medical services by assaulting fire fighters dispatched for emergency medical services without justifiable reasons.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the police interrogation protocol of the defendant;

1. Application of the police protocol law to B and C

1. Article 50 subparagraph 1 (c) and Article 16 (2) of the Framework Act on Fire Services for Crimes under Relevant Acts;

1. The sentence of suspended execution under Article 62(1) of the Criminal Act, taking into account the following factors: (a) the reason for sentencing under Article 62(1) of the Criminal Act; (b) the degree of the exercised violence; and (c) the circumstance in which the Defendant recognized his/her mistake; and (d) the Defendant’s age, character and conduct, criminal records, and the circumstances after the crime,

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