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(영문) 청주지방법원 제천지원 2018.06.21 2018고단106
소방기본법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 26, 2018, around 22:30, the Defendant assaulted the duty fire fighter E, etc., who called up after receiving a report from 119 that the Defendant was under the influence of alcohol, and attempted to go to the chief of the first-aid vehicle where the fire fighter was getting aboard, and subsequently, attempted to go to go into the house, saw the Defendant her fire fighter’s chest part of the said duty fire fighter’s chest, her drinking, carried the said duty fire fighter’s body, leading him to the said duty fire fighter.

Accordingly, the defendant interfered with the first-aid activities by using violence or intimidation against fire officers dispatched.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A copy of the first-aid service activity log, and a copy of the order for mobilization;

1. Application of Acts and subordinate statutes to a criminal investigation report (a video confirmation containing the suspect's motive of committing a crime);

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 Fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and the circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances: Violence the fire fighter dispatched for the rescue of the defendant, and the nature of the crime is not weak.

There is a record of being sentenced to fine of KRW 700,00 as a crime of bodily injury in 2010.

The favorable circumstances: The mistake is recognized and reflected.

The degree of violence is not hot.

The degree of interference with the activities of the first-aid service is not significant.

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