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(영문) 서울북부지방법원 2019.09.24 2019고단1543
소방기본법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

No person shall obstruct the performance of fire extinguishment, lifesaving or first-aid services by exercising violence or intimidation to fire fighter dispatched without justifiable grounds.

On April 2, 2019, at around 03:05, the Defendant: (a) in the “C” restaurant located in Dobong-gu Seoul Metropolitan Government on April 2, 2019; (b) in order for the Defendant to verify the status of the Defendant, the fire service workers belonging to the Seoul Provincial Fire Station D, who were dispatched after receiving a report that the Defendant sustained an injury, and without any reason, used the bath theory, such as “prop and scars, must be changed to her place.” (c) without any reason, the Defendant removed the E’s left

Accordingly, the defendant interfered with emergency medical services by assaulting the fire fighter dispatched without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Emergency medical services log;

1. Damage photographs;

1. Application of the Acts and subordinate statutes on wabbbbbc campaigns and video CDs;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend the course is for the crime of assaulting a fire officer who was under relief measures for himself under the state of his principal.

In addition, the defendant has been punished several times due to violent crimes.

However, the execution of a sentence shall be suspended, considering the fact that the defendant is recognized to commit a crime and that it seems that he/she suffers from depression, but the probation and order to attend a course shall be issued to prevent a second offense, and the punishment shall be determined like the order.

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