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(영문) 전주지방법원 2017.10.20 2017고단1082
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 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 the extinguishment of fires, lifesaving, first aid, etc., dispatched by a fire brigade without justifiable grounds.

Nevertheless, on April 27, 2017, the Defendant, upon receiving a report from the head of the fire station E Center belonging to the fire station in Busan District, the fire station in the front of 102 of Yansan-gu, Yancheon-gu, Seoul Special Metropolitan City, to the effect that “it is difficult to transfer to D hospital due to patient accommodation” from F of the fire station belonging to the fire station in the front of his arrival at the site, the Defendant, who taken the speech that “it is difficult to transfer to D hospital”, and as a drinking, taken the right-hand mick of the fire station (G) belonging to the above E Center to the above E Center, carried the goods in the first-aid, such as the above F, and the victim, who was suffering from disturbance, was removed from the fire station belonging to the same center as the victim, and the victim continued to have knick at once on the left-hand side of the victim.

Accordingly, the defendant interfered with life-saving or first-aid activities of fire brigade dispatched by force, and assaulted H of fire fighters.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Each statement of I, F, and J;

1. A place where emergency medical services are to be performed;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, clothes prescribed in subparagraph 1 of Article 50 of the Framework Act on Fire-Fighting (the act of obstructing emergency medical services by force), subparagraph 1 (c) of Article 50 of the Framework Act on Fire-Fighting (the act of obstructing activities of providing violence to fire fighters), and the selection of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Article 62-2 of the Criminal Act, Article 2-3 subparag. 2, Article 44-2 subparag. 1, Article 44-2 subparag. 2, and the main text of Article 44-2 and Article 44-2 subparag. 2, and the main text of Article 3(3) of the Medical Care, Custody, etc. Act (the fact that the defendant is a person who commits an offense entailing imprisonment without prison labor or heavier punishment is as seen earlier, and the defendant is a person who

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