2019 Highest 1443 Violation of the Framework Act on Fire Services

A

Kim Jong-hee (Public Prosecution) and misappropriation (public trial)

July 24, 2019

Defendant shall be punished by a fine of four million won. If the Defendant does not pay the above fine, the Defendant shall be confined in a workhouse for a period of one hundred thousand won converted into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

No person shall obstruct a fire fighter in the performance of his/her fire extinguishment, lifesaving or first-aid services by means of violence or intimidation.

On December 20, 2018, at around 00:19, the Defendant: (a) exercised assault against C, who performed emergency medical services, such as taking a bath to the Defendant’s safety, i.e., moving to the road without returning home, even though the first responder C, who was under the influence of alcohol in front of the Sungsi-si, was able to have the Defendant returned to the Defendant; (b) having C take measures to go to India for the safety of the Defendant; and (c) having C take a bath to read “weging”; and (d) having carried the body of C by hand, brea the body of the Defendant’s hand, and c when the body was pushed around the her left her eye and the eye.

Accordingly, the defendant interfered with emergency medical services by assaulting fire fighters.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with respect to C and D;

1. A report on the occurrence of violence against an emergency medical service worker, E 19 Safety Center's work log, emergency medical service log, and emergency medical service situation report;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 50 subparagraph 1 (c) and Article 16 (2) of the Framework Act on Fire Services (Selection of Fines)

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant interfered with and violent the fire fighter’s emergency medical services during a considerable period of time, and accordingly, the commission of the crime is not easy. However, the Defendant recognized the instant crime and thus does not repeat the same mistake. The victimized fire fighter accepted the Defendant’s death and sought the Defendant’s wife. The Defendant has no record of being punished prior to the instant crime. In addition, the Defendant has no record of being punished prior to the instant crime. In full view of the following factors: the Defendant’s age, character and conduct, the content of the instant crime, the details and circumstances of the instant crime, and the circumstances after the crime, etc.,

Judges Ho Sung-ho