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(영문) 대전지방법원 천안지원 2019.02.08 2018고단2471
소방기본법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No person shall obstruct a fire fighter in the performance of his/her fire extinguishment, lifesaving or first-aid services by assaulting or threatening him/her, or obstruct a fire brigade in the performance of its fire extinguishment, lifesaving or first-aid services by destroying or impairing the utility of fire-fighting equipment.

On May 23, 2018, at around 18:02, the Defendant: (a) destroyed the first-aid equipment to ensure that fire fighters dispatched to the site after receiving a report on the transition box occurred in the Seo-gu, Seo-gu, Seocheon-gu B, Seocheon-gu and received an emergency treatment for the Defendant; (b) caused the fire fighters to interfere with the rescue of fire fighters by removing cables installed inside the first-aid vehicle, the patient monitoring device installed inside the first-aid vehicle, and the repair cost of KRW 520,00,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Emergency medical services log;

1. Application of the written estimate statutes;

1. Relevant statutory provisions concerning facts constituting a crime, subparagraph 1 (c) of Article 50 of the Framework Act on Fire Services (a violation of the first-aid services by threatening fire fighters), subparagraph 1 (d) of Article 50 of the Framework Act on Fire Services (a violation of the first-aid services due to destruction of fire fighting equipment, and Article 50 subparagraph 1 (b) of the first-aid services Act are stated in the indictment, but it is obvious that the case is

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

1. Penalty of a fine of four million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act provides that the case may not be less light in light of the circumstances and contents of the instant crime, but the Defendant’s confessions and reflects the instant crime, and the Defendant appears to have been in a state of full exploitation at the time of the instant case, and the equipment damaged by the instant case.

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