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(영문) 서울남부지방법원 2020.06.11 2020고단958
소방기본법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On January 28, 2020, at around 22:29, the Defendant received a report of 119 to the effect that “the head is suffering from illness” in front of Yeongdeungpo-gu Seoul, Seoul, and obstructed legitimate emergency medical services by fire fighters dispatched by the fire fighters, who were sent to the scene of the fire station, for whom he was called “the fire fighters” after having received the report of 119 and received the blood transfusion and disinfection from D (Nam, 36 years of age), which caused the fire fighters affiliated with the fire fighters.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a dispatch order, emergency medical services log, and caps;

1. Relevant Article of the Act on Criminal Facts and Article 50 subparagraph 1 (c) and Article 16 (2) of the Framework Act on Fire Services for the Selection of Punishment;

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

1. As a matter of using violence against fire officers who take relief measures against the defendant on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, the act of obstructing emergency medical services by fire officers is highly necessary in that it reduces active relief activities and delays prompt measures, resulting in the citizen’s life, body, and property to return to a damage that could not be properly protected in an emergency situation.

However, given that there is no record of criminal punishment that may be considered disadvantageous to the defendant in this case, and there is a circumstance that the defendant reflects his depth and seems to have reached the crime of this case while under the influence of alcohol, etc., the defendant is sentenced to the same punishment as the disposition by taking account of these factors of sentencing.

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