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(영문) 수원지방법원 2016.05.11 2016고단927
소방기본법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall interfere with fire-fighting activities, such as extinguishing fires, saving people, emergency medical services, etc. of fire-fighters dispatched to the scene without justifiable grounds.

On February 23, 2016, the Defendant: (a) at the camp site of the “C” camp site operated by the Defendant, and (b) at the time when he/she was in drinking alcohol, and (c) reported his/her head once to the so-called so-called so-called so-called “C”; (b) the police officer who received the above report, reported that he/she was suffering from the Defendant’s wife; and (c) requested emergency treatment to the Da 119 Safety Center of permissible fire departments, and the fire officer affiliated with the said fire station tried to dispatch the fire officer to the said place to treat the Defendant, but the Defendant refused treatment while he/she was under the influence of alcohol; (d) when he/she was at the right hand of the above E, he/she bucked one time with the Defendant’s left hand.

Accordingly, the defendant assaulted the fire fighter E and interfered with his legitimate first-aid activities.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Photographs of the victim's self-injury;

1. Report on the use of police gear;

1. Notification of a department related to reporting 112 cases;

1. Application of Acts and subordinate statutes to a report on investigation (investigation into Execution of Official Duties);

1. Article 50 subparagraph 1 (c) and Article 16 (2) of the Framework Act on the Fire-Fighting of Fire-Fighting of the same Act concerning facts constituting an offense, the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act had served two times on the part of the defendant, who committed an act of assault, etc. against the police officers in the past, the punishment for lifesaving activities is determined as ordered in consideration of all the factors such as the following: (a) the crime of this case was committed under the influence of alcohol by assaulting fire fighters and obstructing life-saving activities; (b) the crime was committed under the influence of alcohol by the defendant; (c) the crime was committed under the influence of alcohol; and (d) the circumstances leading up to the crime were considered in consideration of the circumstances.

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