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(영문) 창원지방법원 밀양지원 2017.11.02 2017고단431
소방기본법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year 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.

On August 31, 2017, the Defendant: (a) was in front of the Camyang city, and was reported as a fire in the “C” restaurant adjacent to the above address, and the Defendant was prevented from entering the house from the D belonging to the Camyang fire station called the above address; and (b) was assaulted once on the left side of the D’s left-hand-hand face by an son.

Accordingly, the defendant interfered with the extinguishment of fire, lifesaving or first-aid activities by using violence to fire officers dispatched due to fire without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to report emergency medical services activities and fire situations;

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 prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing conditions indicated in the records, such as the following circumstances and Defendant’s age, environment, motive, means and consequence of the crime, etc., shall be determined as ordered in consideration of the sentencing conditions indicated in the records.

Disadvantageous circumstances: A circumstance that is favorable to the fact that the fire fighter, who is the head of the on-site command team, seriously interferes with the fire-fighting operation: the family of the defendant is in the fire site

Considering the circumstances, there are some circumstances to consider that a person has committed any contingent assault as he or she was proposed to enter the place.

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