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(영문) 서울서부지방법원 2017.07.25 2017고단1026
소방기본법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 31, 2017, at around 17:15, the Defendant: (a) sent back by the first-aid vehicle called by the Defendant, who was reported by the Defendant on the roads near Mapo-gu Seoul Metropolitan Government; (b) followed up by the first-aid vehicle, who was affiliated with the Mapo Fire Station D 119 Safety Center affiliated with the Defendant, the victim E (333 tax), who was the first-aid staff member of the Mapo Fire Station of Mapo-gu Seoul Metropolitan Government, the Defendant shouldered the Defendant’s shoulder in order to grasp the fact-finding and the military force against the Defendant; (c) sold the victim’s body twice by drinking to the end of the horse; (d) sold the victim’s face to the end of the drinking; and (e) assaulted the victim’s body by breaking and destroying the b

Accordingly, the defendant committed an act of obstructing the first-aid activities by assaulting the fire officers dispatched.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A damaged photograph;

1. Application of the Acts and subordinate statutes to video recording CDs;

1. Relevant Article of the Act and subparagraph 1 (c) of Article 50 of the Framework Act on Fire-Fighting and Selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in several times of violence, and as long as the period of suspension of the execution of imprisonment is still under suspension of the execution of the sentence, the defendant has interfered with the first-aid activities by exercising force against fire-fighting members again. This crime should be subject to criticism, the nature of the crime is not easy considering the form of the act, and the question is whether the crime is seriously against the investigation agency and the law.

However, the defendant's mistake is late after this court, the mental illness suffered by the defendant has a possibility to have had a partial impact on this crime, and the damaged fire fighting unit does not have a punishment, considering the favorable circumstances, and other factors of sentencing, such as the age, sex, environment, etc. of the defendant, shall be determined as ordered by the order.

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