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(영문) 부산지방법원 2017.02.16 2016고단7324
소방기본법위반
Text

A defendant shall be punished by imprisonment for six months.

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 September 26, 2016, around 04:07, the Defendant obstructed life-saving or first-aid activities of the fire fighters by assaulting to the effect that, in front of D main points in Busan Dongdong-gu, the Defendant, upon receiving a report on female workers at the establishment, sent out the horses to the effect that “she cannot get out of women” from F and G, a fire brigade E belonging to the same fire station, and from G, the Defendant “n is unable to get out of women.” The Defendant obstructed the above fire fighters’s life-saving or first-aid activities by assaulting the Defendant, i.e., checking the chest by hand, f’s breast part by head, and f’s breast part by hand at the right back of G with his left hand.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Each police statement made to F and G;

1. The application of Acts and subordinate statutes to the investigation report (timely 5);

1. Relevant Article of the Act and subparagraphs 1 (c) and 16 (2) of Article 50 of the Framework Act on Fire-Fighting for the Selection of Criminal Facts, and Selection of Imprisonment with labor;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. In order to properly and smoothly extinguish fire officers and to protect life-saving and first-aid activities, etc., which have been dispatched for the reason of sentencing under Article 62-2 of the Criminal Act of the community service order, interference with these activities need to be strict.

Although the defendant acknowledges the crime late, it is doubtful whether it is against the petition in light of the attitude of pleading, etc., and the degree of interference with business is not easy, and there is no record of criminal punishment exceeding the fine, but there is a record of criminal punishment several times as a crime related to violence.

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.

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