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(영문) 서울남부지방법원 2019.07.25 2019고단2250
소방기본법위반
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 5, 2019, at around 19:53, the Defendant reported to the Geumcheon-gu Seoul Metropolitan Government B apartment complex to the effect that “A person who consumes alcohol exists,” and received a report of 119, and transported the same to those of the fire brigade units affiliated with C and D, which caused the fire brigade units dispatched, the Defendant interfered with the emergency medical services of the said fire fighters, by assaulting the said fire fighters on drinking and flading their breasts and the parts of their clothes on drinking and launchings in the ambulances.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Each written statement C, D, and E;

1. Application of the dispatch report, accompanying manual, investigation report (the wabbl image analysis for first aid workers), capture photographs, investigation report (the CCTV image analysis for first aid vehicles), closure photographs, and CD-related Acts and subordinate statutes;

1. Relevant provisions of the Framework Act on Fire Services and Articles 50 subparagraph 1 (c) and 16 (2) of the same Act concerning criminal facts and the selection of punishment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. A suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as the “disforth sentence”), comprehensively taking into account the following circumstances: (a) the reason for sentencing; (b) the background leading up to the Defendant’s commission of the crime; (c) the degree and consequence of the damage; (d) the circumstances before and after the commission of the crime; and (e) the age (definite) the Defendant’s age; (d) character and conduct, environment

3. Unfavorable circumstances: The circumstances that are favorable to the fact that the nature of the crime is not that of the fire fighter who used violence against the fire fighter in the course of emergency medical services, such as moving the defendant to a hospital for the safety of the defendant after receiving a report 119 and moving the defendant to a hospital; the defendant's mistake is recognized and the degree of the assault is not severe, and the degree of the assault is likely to lead to the crime of this case by contingency in the state of detention at the time; and the same kind of crime except for those sentenced to a fine

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