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(영문) 광주지방법원 순천지원 2015.02.17 2014고단1769
소방기본법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person shall interfere with fire-fighting activities, such as rescue and first-aid services, of fire brigade dispatched without any justifiable reason. On September 15, 2014, the defendant sent to Pyeongtaek-si apartment roads around 08:10 on the front of Pyeongtaek-si apartment roads, after receiving a report that people are used on the road, and subject to measurement of the blood pressure of the defendant, etc., who was under the influence of alcohol to the 119 first responder D and E belonging to the Song Fire-Fighting Station that was in the process of performing emergency medical services, and bread the breath of the above D while under the influence of alcohol, put the breath of the breath of the above D and the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the said E.

Accordingly, the Defendant interfered with life saving and emergency medical services by using violence or intimidation to fire fighters dispatched.

Summary of Evidence

The legal statement of the defendant, the police statement of the D, the police statement of the E, the application of the Acts and subordinate statutes on crime

1. Articles 50 subparagraph 1 (c) and 16 (2) of the Framework Act on Fire Services for the Crimes in the pertinent Acts. (Consideration of imprisonment: Consideration of the fact that the fire fighter dispatched to perform emergency medical services for himself/herself is bad in terms of assault and threat, the attitude of assault and threat is not easy, and the fact that he/she has been sentenced to a fine twice due to the crime of injury, etc.);

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

3. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that a person commits a contingency in the influence of alcohol, a situation in which the need for emergency medical services is not great, and thus the degree of interference with emergency medical services is weak, a reflective and pening, etc.).

4. Social service order under Article 62-2 of the Criminal Act;

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