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(영문) 수원지방법원 안양지원 2018.09.19 2018고단560
소방기본법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall interfere with fire-fighting, lifesaving, or first-aid services by using violence or intimidation to fire-fighters dispatched without justifiable grounds.

On February 14, 2018, at around 12:50 around 12:50, the Defendant tried to give first aid treatment to the victim E (29 years old) of the fire brigade affiliated with the military fire brigade affiliated with the Defendant called up after receiving a 119 report that the junator was faced with the e parte in the e part of the Mapo-si B, the Defendant sent the victim's face at one time with the victim's own hand, and pushed the victim's shoulder at one time by drinking.

As a result, the Defendant used violence to the fire fighters dispatched without justifiable reasons to interfere with the first-aid activities, and at the same time, the Defendant used the victim a "satisfing in a safe room" that requires medical treatment for about 10 days.

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 of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act (the point of injury) of the relevant Act on the facts constituting an offense, Article 50 subparagraph 1 (c) and Article 16 (2) of the Framework Act on Fire Services (the point of obstructing emergency medical services activities);

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

1. Selection of imprisonment with prison labor chosen;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the suspended sentence of the Criminal Act is not deemed to have been committed by the defendant, without any particular reason, by assaulting the fire fighters who had been engaged in first aid activities against himself/herself, and causing injury.

However, in full view of all the circumstances shown in the arguments of this case, such as the fact that the defendant recognizes his mistake and reflects, the fact that there is no other record of crime except once a fine is imposed on this paper, the degree of injury to the victim is relatively minor, and the defendant's age, sex, sex, environment, circumstances of the crime, and circumstances after the crime, etc., the punishment shall be determined as ordered.

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