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(영문) 대구지방법원 김천지원 2018.05.23 2018고단152
소방기본법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

No person shall interfere with fire-fighting activities, such as the extinguishment of fires, lifesaving, first-aid services, etc., dispatched by a fire brigade without justifiable grounds.

On December 22, 2017, at around 22:00, the Defendant used alcohol to drink E in the neighboring street of the Sinsi, “D” located in the Gunsi, Sinsi, and the Defendant received the report of 119, and sent it to this scene to the victim G (27 tax) of the fire department F affiliated with the old fire station of the U.S. (27 tax).

피고인은 같은 날 22:16 경 위 ‘D’ 인근 노상에서 소방관들이 출동한 이후에도 계속하여 위 E을 폭행하던 중, 위 피해자가 E을 구급차 안으로 데리고 가려 하자 갑자기 자신의 태블릿 피시를 들고 피해자의 머리를 향하여 집어 던지고 피해자의 몸통을 발로 찼다.

As a result, the defendant assaulted fire fighters, interfered with fire fighting activities such as life rescue and first-aid services of fire brigade, and at the same time, the victim was placed a two-time medical room requiring medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to G and H;

1. On-site photographs and CCTV photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing the place of emergency medical service activities and the place of service;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 (c) of Article 50 of the Framework Act on the Selective Fire-Fighting, Article 16 (2) and (1) of the same Act, Article 257 (1) of the Criminal Act, and selection of imprisonment, respectively;

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 main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act - Type 1 (General Bodily Inflicting Sentence : In the case of interference with the performance of official duties: In the case of interference with the performance of official duties, the scope of recommendation / [the basic area] between April and January 1, and June (the basic area] / In the case of interference with the performance of official duties, the main reasons for suspension of execution - In the case of interference with the performance of official duties: In the case of a major reason for suspension of execution (affirmative): Insignificant injury - the reason for general consideration (affirmative).

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