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(영문) 서울북부지방법원 2019.07.18 2019고단658
소방기본법위반
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 24, 2019, at around 02:15, the Defendant filed a report 119 when he/she had an employee and a meeting with the Defendant in the “C” restaurant operated by the Defendant in Jungbuk-gu Seoul, Seoul.

The Defendant reported the above 119-year-old fire officer D (the age of 29) affiliated with the Sungbuk Fire Fighting Station called as “a pressure” and called as “abandoning the contact information after taking first aid for patients,” and read as “abbandoning the flaps of the above D, and pushed off the D’s flaps, and pushed off the D’s flab.

Accordingly, the defendant interfered with emergency medical services by assaulting the fire fighter dispatched.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of investigation reports (Submission of data related to fire-fighting activities), emergency exit orders, emergency medical services logs, investigation reports (the analysis of Handphone images submitted by a suspect at his/her discretion), closure photographs, conversation details, and video CD-related Acts and subordinate statutes;

1. Relevant Articles 50 and 50 subparagraph 1 (c) and 16 (2) of the Framework Act on Fire Services, the selection of punishment for a crime, and the selection of imprisonment;

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

1. The crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act is that the accused assaults fire fighters in the course of emergency medical services, and the crime is very poor in light of the circumstances, contents, etc. of the crime;

However, when the defendant comes to this court, it is recognized that the defendant has committed the crime of this case, and there is no record of punishment for the same kind of crime, and the punishment is determined as ordered in consideration of the favorable circumstances for the

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