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(영문) 서울중앙지방법원 2020.04.01 2020고단606
소방기본법위반
Text

A defendant shall be punished by imprisonment for four 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

Around 15:40 on December 3, 2019, the Defendant, while under the influence of alcohol, was accompanied by the first-aid vehicle transferred to the “C Hospital” located in Jung-gu Seoul Metropolitan Government as the guardian of the first-aid patient, and the part of the right shoulder and face of the victim Jung-gu Fire Station E, Da119 Safety Center Fire Station E, which was in charge of the first-aid vehicle driving duties, was blicked by approximately three minutes after the arrival of the said hospital.

As a result, the defendant assaulted fire fighters dispatched for life-saving without justifiable reasons to interfere with fire fighting activities such as life-saving of fire fighters.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement;

1. A dispatch report;

1. A report on mobilization;

1. A dispatch order;

1. Emergency medical services log;

1. Reporting the occurrence of a disturbance to fire-fighting activities by the 119 metropolitan investigation units;

1. Investigation report (the first and first wab campaigns video analysis);

1. Photographs and output materials; and

1. Application of Acts and subordinate statutes on camping screen output;

1. Relevant Article of the Act on Criminal Facts and subparagraph 1 (c) of Article 50 and Article 16 (2) of the Framework Act on Fire Services elected to commit a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the crime is not good in that it obstructs the fire service activities, such as lifesaving, by assaulting the fire officers; and

Furthermore, it is also considered that the defendant has been punished several times by violence, etc.

However, it is somewhat favorable that the defendant committed the crime of this case in the form of the crime of this case and divided his mistake, and that the defendant seems to have committed the crime of this case in the form of alcohol by contingency.

The punishment as ordered shall be determined in consideration of the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime.

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