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(영문) 서울남부지방법원 2021.02.04 2020고단6143
소방기본법위반등
Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

1. The defendant who violated the Framework Act on Fire Services and interfered with the performance of official duties on October 27, 2020, is suffering from violence before Guro-gu Seoul Metropolitan Government on the street around October 27, 202, and "a man is suffering from violence to his head."

19 reported to the purport that “A fire fighting officer D, who was called to the site and treated an emergency patient, was put to the arms of the fire fighting officer D belonging to the Seoul Fire Station C, and the above D prevented it from drinking once a week, and had the face of the D once again displayed it again several times, and the above D attempted to be forced to go off by hand while taking a bath at the site, and the above D went to the upper part of the co-owned part of the D.

Defendant assaulted D, who is a fire-fighting official, thereby obstructing the legitimate performance of fire-fighting officers’ duties, and at the same time interfered with the fire-fighting officers’ first aid activities without any justifiable reason.

2. The Defendant interfered with the performance of official duties is wrapping two male persons at the above date, time, and place.

112 reported to the effect that “F” was sent to the site by the police officer F belonging to the Seoul Guro Police Station E District District, Guro-gu, Seoul and sent the face of F one time.

As above, Defendant assaulted police officers, thereby obstructing the legitimate execution of duties regarding the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Application of Acts and subordinate statutes, such as photograph of damage (D) and photograph I (F);

1. Article 136 (1) of the Criminal Act applicable to the crime in question (a point of interference with the performance of official duties in the judgment), Article 50 subparagraph 1 (c) and Article 16 (2) of the Framework Act on Fire Services (a point of interference with emergency medical services in the judgment of the court)

1. Article 40 and Article 50 of the Criminal Act for the commercial concurrence ( space between crimes of No. 1 in its holding);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The grounds for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances considered as the grounds for sentencing as follows) are as follows: the Defendant’s age, sex, intelligence and environment, and motive, means, and means of committing the crime.

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