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(영문) 수원지방법원 2018.08.07 2018고단1198
소방기본법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 7, 2014, the Defendant was sentenced to one year and two months of imprisonment with prison labor by obstructing the performance of official duties at Seoul Southern District Court, and completed the execution of the sentence at the Childbirth Training Correctional Institution on May 27, 2015.

No person shall interfere with fire-fighting, lifesaving, or first-aid services by using violence or intimidation to fire-fighters dispatched.

Nevertheless, at around February 6, 2018, the Defendant committed violence, such as taking out the ambulances of the Safety Center of the Suwon Fire Station at Suwon-si, Suwon-si, the Defendant, after receiving a report from the Defendant 119, and going back to the Dong Won-si Hospital, and without any justifiable reason, taking the emergency vehicle at the Safety Center of the Suwon Fire Station at the Suwon-si, and taking it back to the Dong Won-si Hospital, and taking the emergency vehicle, and taking the emergency vehicle back to the above fire station, taking the emergency vehicle into his hand, and taking the emergency vehicle at the face twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Previous convictions: Inquiries about criminal and investigation career data, investigation reports (whether a criminal defendant is repeated), two copies of the judgment, and one copy of the output of the current status of confinement shall be applied;

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. The reason for sentencing Article 35 of the Aggravation of Aggravation of Aggravation of Cumulative Offense was that the Defendant committed the instant crime, referring to and assaulting fire fighters who help them within the ambulances while being in the period of repeated crime.

The defendant has been sentenced to two times as a result of obstructing the performance of official duties.

However, the defendants recognize all mistakes and do not focus on the degree of damage to the victims.

In addition, in consideration of the defendant's age, sex, environment, motive and background leading up to the defendant to commit the crime of this case, means and results thereof, circumstances before and after the crime of this case, and other various sentencing conditions specified in Article 51 of the Criminal Act, the sentence like the order shall be imposed.

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