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(영문) 인천지방법원 2016.08.18 2016고단2926
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

No person shall interfere with the suppression of fire, lifesaving or first-aid activities of a fire brigade dispatched without justifiable grounds.

Nevertheless, on April 23, 2016, at around 22:58, the Defendant is required to grow up why C will die at the house of the Incheon Southern Fire Station 119 rescue team, which was dispatched to the site after receiving a report from 119 to the scene, at his own residence located in the Nam-gu Incheon Metropolitan City B, Nam-gu, Incheon.

As "Irreh h.", the part of the uniforms C, one time, two times the part of the bridge, and the part of the bridge shall be walking, and "Irreh feas feas feas feas feas."

“In doing so, assaulted C’s bat with debatal hand, such as bather bating and bating.

Accordingly, the Defendant interfered with fire-fighting activities, such as life saving, etc. of fire brigade dispatched by assaulting C who is a public official.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement C, D, and E;

1. Application of Acts and subordinate statutes of the table of cases of report on the occurrence of a person who obstructs fire-fighting activities, dispatch orders, logs of rescue activities, site photographs, and the 112 report;

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 reasoning for sentencing under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures lies in the criminal records of a fine not exceeding KRW 500,000 due to driving without a license in 201, six months of imprisonment with prison labor for violence in 2010, two years of suspended execution, and two times of a fine, etc. due to damage to public goods after 2012.

The defendant born a dog in his residence and reported to 119 neighboring residents, and the defendant, upon receiving a report from the residents, exercised violence against the fire officers dispatched.

The degree of injury to the victim was not exercised, and the punishment as ordered was determined in full view of the type of crime committed by the defendant and all other circumstances, which are the conditions for sentencing specified in the arguments in this case.

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