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(영문) 대전지방법원천안지원 2020.10.07 2020고단2233
소방기본법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

1. No person who violates the Framework Act on Fire Services shall obstruct a fire brigade dispatched from the performance of its fire extinguishment, lifesaving or first-aid services by using violence or intimidation without justifiable grounds;

On August 7, 2020, around 22:18, the Defendant: (a) received a report in front of the C cafeteria located in Seoan-gu, Seoan-gu, Seocheon-gu, Seocheon-si, that “I am unable to perform his body;” and (b) took first aid to the Defendant’s hand, who was in a bid by the Fire Fighting Team E belonging to the D 119 Safety Center, and told the State Party E, in his hand, of the first aid to the Defendant’s hand, “I am I am. I am.”

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

2. The Defendant at the time and place specified in Paragraph (1) of the same Article, and at the scene of the above violence on first aid workers, and the F Fire Fighting Station, F, the fire fighter called the Defendant’s spouse, directed G to explain the circumstances of the instant case, and assaulted G by having the Defendant’s spouse, who was in his own possession of the defect.

Accordingly, the defendant interfered with legitimate performance of duties of the fire officer on-site investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Status of investigation into police statements of H, E, and G (STV video verification);

1. Dispatcher order and emergency medical services log;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Articles 50 subparagraph 1 (c) and 16 (2) of the Framework Act on Fire Services, Article 136 (1) of the Criminal Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is that the defendant assaultss a person who performs emergency medical services for the defendant under the influence of alcohol to commit a crime, the degree of the defendant's assault, and the defendant's violence.

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