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(영문) 인천지방법원 2018.03.15 2018고단392
소방기본법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

피고인은 2018. 1. 12. 21:43 경 인천 부평구 마 장로 82 부 평 3 동 주민센터 앞에서 119 신고를 받고 현장에 출동한 119 구급 대원들이 피고인의 오른쪽 눈 부분 상처를 발견하고, 병원 이송 등의 조치를 하기 위해 피고인을 이동식 들것에 눕힌 다음 구급차로 옮기려고 하자 갑자기 ‘ 야, 이 새끼야, 넌 뭐야, 병신 새끼야, 저리 꺼져 ’라고 욕설을 하면서 발로 인명구조를 하고 있던 소방사 B의 턱 부분을 걷어찼다.

Accordingly, the defendant interfered with fire-fighting activities such as life rescue and first aid by fire brigade dispatched to the scene.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 50 of the relevant Act on Criminal facts, subparagraph 1 (c) and Article 16 (2) of the Framework Act on Fire-Fighting for the Selection of Punishment, and Selection of Imprisonment with labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 62-2 of the Social Service Order Act was that the Defendant respondeded to the 119 first-aid crew members, who had frightened their lives, to the 119 first-aid crew members.

Through severe punishment, it is necessary to have the defendant self-confiscing the mother and suffering of the emergency rescue crew members in the noble life rescue activities.

However, when considering the situation where it is not clear that there is an obvious violence tendency in the outbreak and minor military power, the effect of a certain level may be affected when the defendant is placed in the response book and is placed in custody. However, in the process, it is likely that the ability of rehabilitation may be weakened or that the inmate may be infected with bad morals.

A punishment of six months shall be imposed within the scope of the punishment to be imposed, but the execution shall be suspended for a period of one year on the condition that protection and observation for the prevention of recidivism and community service work are provided.

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