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(영문) 인천지방법원 2016.04.07 2016고단110
소방기본법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall obstruct fire-fighting, lifesaving, or first-aid services by using violence or intimidation to fire-fighters during fire-fighting activities without justifiable grounds.

Nevertheless, around 00:56 December 12, 2015, the Defendant: “A patient who has difficulty in bridgeing” at a singing room located in Bupyeong-gu, Incheon, Bupyeong-gu B, and 2, sent to the scene after receiving a report of 119 and sent out to the scene by the fire department E, who was in the military department affiliated with the D fire station, called “a patient who has difficulty in bridgeing,” and expressed a desire to read “a patient who was in the military fire station affiliated with the D fire station,” which read as “a patient who was in the military department affiliated with the D fire station, who was dispatched to the scene, was pushed up with the above E by cutting the trees of the E and pushed up the drinking to the E, and the fire station F called “a patient who was dispatched to the scene, will kill the fat with his left hand.”

Accordingly, the Defendant interfered with the first-aid activities by assaulting fire officers during fire service activities.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes governing mobilization orders and emergency medical services activities;

1. Article 50 subparagraph 1 (c) and Article 16 (2) of the Framework Act on Fire Services concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the crime was committed by assaulting a fire fighter who wears a uniform in the presence of a police officer in the instant case, and thus obstructing the first-aid service activity, considering the unfavorable circumstances, such as the defendant's recognition of a crime and reflects against the defendant, and the first-aid offender who has no record of punishment, etc., the circumstances before and after the crime were committed, and other matters specified in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age, sexual behavior, environment, etc., shall be considered in light of the circumstances before and after the crime.

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