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(영문) 부산지방법원 2014.01.09 2013고정5190
소방기본법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

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

Nevertheless, around 01:22 on July 25, 2013, the Defendant received a report from the victim C, who is a fire fighter of the Eastern Fire Station, on the first floor of the B Building in Busan, and was called out after receiving a report from 119 that the Defendant was under the influence of alcohol, and received a request for the removal of mobile phone lock in order to make a contact with the Defendant’s family.

이에 피고인은 피해자에게 “니는 뭐꼬 씨발놈아, 개새끼야”라고 욕설을 하고 주먹으로 피해자의 얼굴을 1회 때렸다.

As a result, the defendant interfered with the emergency medical services of the fire brigade called without any justifiable reason, and at the same time, the victim was in need of medical treatment for about two weeks.

2. When the Defendant was arrested as a flagrant offender by E, etc., a security guard belonging to the Busan Urban Police Station D District Unit of the Busan Urban Police Station, who received a report of 112 on the grounds stated in Paragraph 1, around 01:30 on the same day, and was arrested as a flagrant offender, the Defendant expressed that he was “this chrone” to the above E, who was seated next to the Defendant, and expressed one time the face of E in drinking.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of statutes on photographs of damage;

1. Subparagraph 1 of Article 50 and Article 16 (2) of the Framework Act on Fire Services for Criminal Facts; Articles 257 (1) and 136 (1) of the Criminal Act;

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

1. Selection of each alternative fine for punishment;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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