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(영문) 의정부지방법원 2019.04.26 2019고단492
소방기본법위반등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 13:29 on December 12, 2018, the Defendant: (a) reported that he was “any person” in front of B in the Namyang-si, Namyang-si, 119 on the same day; and (b) when he was transferred to a hospital in front of B on the same day at around 13:46 on the same day, the Defendant prices the victim C (33 years of age) face, face, etc. of an emergency medical service worker belonging to the Namyang-si, the Namyang-si fire fighting department, when he was traveling to the hospital in front of the 119 emergency.

As a result, the Defendant abused fire fighters dispatched to interfere with life-saving or emergency medical services, and at the same time, inflicted bodily injury on the victim, such as salt ties, tensions, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes of each investigation report (No. 2, 8 of the evidence list);

1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act that prescribes the punishment for an offense, subparagraph 1 (c) of Article 50, Article 16 (2) and (1) of the Framework Act on Fire Services, and the selection of fines for each crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order does not mean that the fire fighter, who is performing emergency medical services by assaulting the fire fighter and did not have any specific agreement with the victim. However, it is recognized that the defendant led to the crime of this case, such as the confession and reflect of the crime of this case, the fact that the defendant is in fact a first offender, and the defendant is under the influence of alcohol without being injured, and the defendant also led to the crime of this case. In addition, the punishment as set forth in the order shall be determined in consideration of all the sentencing factors shown in the argument of this case, such as the defendant's age, character and behavior, environment, family relation, motive and consequence of the crime, and

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