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(영문) 서울북부지방법원 2019.07.03 2019고단1664
소방기본법위반등
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant's workplace B, who is the defendant's employee, drinked with the defendant, was in a restaurant, was in front of the D cafeteria located in Seongbuk-gu Seoul Metropolitan Government, and filed a report on the 119th day by complaining of the B c, and on November 6, 2018, the emergency squad arrived in the future of the above cafeteria around 21:48.

At around 21:58 on the same day, the Defendant assaulted the local fire brigade E belonging to the Seoul Seongbukbuk fire Fighting Station E, which called, “Satk, kik,” who moved to the first-way lane by dividing the patient B into those front of the above restaurant and called “Satk,” and assaulted the F at one time, such as getting off the left part of the F at one time by drinking, and f’s shoulder and f’s shoulder at one hand.

Accordingly, the defendant interfered with emergency medical services by using violence to fire fighters, and at the same time interfered with legitimate execution of duties concerning emergency medical services by fire fighters.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect of the accused by the special judicial police officer;

1. Each police statement concerning G and F;

1. Each statement of H and I;

1. Application of dispatch order and emergency medical services-related Acts and subordinate statutes;

1. Articles 50 subparagraph 1 (c), 16 (2) and 136 (1) of the Criminal Act concerning facts constituting a crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (Punishment provided for in a crime of violating the Framework Act on Fire Services with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing of Article 62(1) of the Criminal Act under the suspended sentence is that the defendant, who received a report at the latest time without any particular reason, committed an act of obstructing emergency medical services by exercising violence to a fire officer who seeks to rescue an emergency patient and considering the degree of obstruction of performance of official duties committed by the defendant.

However, the fact that the defendant is too late, there is no criminal records exceeding the fine, and the victim's wife.

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