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(영문) 서울남부지방법원 2016.06.16 2016고단1635
소방기본법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

At around 19:55 on April 13, 2016, the Defendant reported 119 to transfer his wife who has a serious blood relative to the hospital in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu 62-1, Yeongdeungpo-gu, Seoul, to the hospital, and tried to board the vehicle at the Seoul Young-gu Fire Station B 119 Safety Center that was called to the scene after having reported 119, but the number of ambulances passengers was determined by C from the members of the ambulances, and the Defendant’s wife could not be on board the vehicle that transferred the Defendant’s wife, and the Defendant’s wife’s wife could not be on board the vehicle. Accordingly, the Defendant committed assault, such as assaulting the said C by gathering once the signals from the said C while carrying the Defendant’s wife in sound, and by hand, putting him on a flap with flapsing the bage of the instant C.

Accordingly, the defendant interfered with the legitimate execution of duties of fire officers and interfered with the emergency service activities of fire officers dispatched.

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements made against the defendant during the police interrogation protocol;

1. Application of C’s written laws and regulations

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties), Article 50 subparagraph 1 (c) and Article 16 (1) of the Framework Act on Fire-Fighting (the point of obstructing the activities of fire fighters) of the relevant Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment for a violation of the Framework Act on Fire Services and choice of imprisonment);

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence (the punishment of the defendant shall be imposed on the violation of the Framework Act on Fire-Fighting heavier than the punishment imposed on the case of concurrent crimes, but the scope of the punishment is different only from the fine, referring to the criteria for sentencing on the crime of obstructing the performance of official duties) / [the scope of the recommendation] interference with the execution of official duties / [the scope of the punishment] interference with the execution of official duties / [the basic area: 6 months to 1 year and 4 months [the person subject to special sentencing] / [the decision subject to sentencing]] / considering the fact that the defendant used violence against a fire officer dispatched to assist his/her family without any reasonable reason, the degree of illegality

I would like to say.

On the other hand, the defendant recognized his mistake.

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