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(영문) 서울중앙지방법원 2021.01.26 2020고단8287
소방기본법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 dispatched.

On June 10, 2020, the Defendant: (a) around 22:52 on June 10, 2020, around C Hospital emergency room located in Jongno-gu Seoul Metropolitan Government C Hospital “I am out of the head because the Defendant was under the influence of alcohol and went to the head.” In the process of sending the Defendant to the above hospital and guiding the Defendant to the emergency room, the first-aid staff E, etc. belonging to the Seoul Central Fire Department D who called out after receiving a report 119.

The term “Woo,” and the hand assaulted E, such as tightly pushing the chest part of E at one time, putting the two arms of E in good hands after E.

Accordingly, the defendant assaulted fire fighters who were dispatched and interfered with emergency medical service activities.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of each police statement report to E, F, and G for the mobilization report of the case interfering with fire-fighting activities, investigation report (related video analysis of the case), CCTV image, CCTV image, order for mobilization, emergency service activities, medical certificate for each injury, and the application of the Acts and subordinate statutes concerning visual images on the spot;

1. Article 50 of the relevant Act on criminal facts and subparagraph 1 (c) and Article 16 (2) of the Framework Act on the Selective Fire-Fighting of Punishment (Selection of Penalty)

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

1. The act of assaulting an ambulance member, who was dispatched by the defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act, without any particular reason, is very bad, but the nature of the crime is very bad. However, the act of assaulting the defendant to rescue himself/herself is recognized as committing the crime, there is no record of criminal punishment, and the crime of recidivism is prevented, and the motive, means and result of the crime of this case, the circumstances after the crime, the defendant's age, sexual behavior, family environment, etc. are considered as follows.

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