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(영문) 수원지방법원 안양지원 2018.11.02 2018고단816
소방기본법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall interfere with fire-fighting, lifesaving, or first-aid services by using violence or intimidation to fire-fighters dispatched without justifiable grounds.

그럼에도 불구하고 피고인은 2018. 4. 21. 19:40 경 과천시 D에 있는 ‘E’ 식당 부근 노상에서 ‘ 낙상, 안면 부 출혈’ 119 신고를 받고 출동한 과 천 소방서 119 구조 구급 대 소방 사인 피해자 F( 남, 31세) 이 피고인을 구급차량에 태우고 한림 대학교 병원으로 이송 중, 피해자에게 폭언을 퍼부으며 발로 피해자의 좌측 목 뒤 부위를 발로 찼다.

As a result, the defendant used violence to the fire fighters dispatched without justifiable reasons to interfere with the first-aid activities, and at the same time, the victim suffered bodily injury, such as climatic scams that require medical treatment for about 15 days.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and G;

1. A place where emergency medical services are to be performed;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 50 subparagraph 1 (c) and Article 16 (2) of the Framework Act on the Fire Services and Fire Services of the relevant Act on criminal facts, and Article 257 (1) of the Criminal Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The crime is not likely to be committed against fire fighters who engage in emergency and medical services activities for the reason of sentencing under Article 62(1) of the Criminal Act, and the crime is not good.

However, the attitude of recognizing his mistake and reflecting his depth seems to be.

There is no criminal history.

The sentence shall be determined as ordered in consideration of these circumstances, the age, character, environment, etc. of the defendant and the conditions of sentencing.

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