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(영문) 의정부지방법원 고양지원 2015.12.15 2015고단2503
소방기본법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Criminal facts

1. On September 3, 2015, the Defendant violated the Framework Act on Fire Services: (a) around 05:40 on the street in front of “D” located in “D”; (b) the 119 first responder E, who was dispatched to the site due to the fact that the female-friendly Gu of the Defendant was in a fluorous situation, failed to take emergency and first aid measures against his/her female; and (c) assault the victim’s back part on his/her hand with his/her hand.

Accordingly, the defendant interfered with human life and emergency medical services by assaulting the fire fighter dispatched.

2. The Defendant assaulted the victim F(23 years of age) who had observed the above situation at the time and place mentioned in paragraph 1, by taking the Defendant into mind, and by drinking three times the victim’s left face face.

3. At around 05:55 on September 3, 2015, the Defendant: (a) told that, in front of the H Hospital located in G, the Defendant would ask him/her about the increase in the 112 patrol vehicle belonging to the I Zone of the Pakistan Police Station that called out after receiving 112 report for the said reasons; and (b) took one time to check him/her about the 112 patrol vehicle without any justifiable reason.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers for handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to J and F;

1. E statements;

1. Investigation report (contents submitted by suspects);

1. 112 reported case handling table;

1. Application of statutes on photographs of damage;

1. Relevant Articles 50 subparagraph 1 (c) and 16 (2) of the Framework Act on Fire Services for a crime, Article 260 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and selection of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The fire fighters who want to perform emergency medical services for the defendant's woman-friendly Gu for the reason of sentencing under Article 334(1) of the Criminal Procedure Act are rather the fire fighters.

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