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(영문) 대전지방법원 천안지원 2018.01.19 2017고단2370
소방기본법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

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 October 8, 2017, the Defendant: (a) received a report from the father that her mother is in front of the cafeteria C cafeteria located in Seocheon-gu, Seocheon-gu, Seocheon-gu; and (b) asked whether the fire-fighting company victim D and the victim E are open to the Defendant’s wife; (c) took the face into consideration to the Defendant’s wife; (d) interfered with the emergency medical activities of the fire-fighting crew members; (d) interfered with the emergency medical activities of the fire-fighting staff members by launching their arms and legs; and (e) at the same time, damaged the face that requires approximately two-day medical treatment to the victim E for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A place where emergency medical services are to be performed;

1. Each photograph and video CD;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 50 subparagraph 1 (c) and Article 16 (2) of the Framework Act on Fire Services (Interference with emergency medical services) concerning facts constituting an offense under the relevant provisions of the Act and Article 257 (1) of each Criminal Act (a point of injury);

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

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] General Injury (the scope of recommended punishment] / In the case of interference with the performance of official duties (the person subject to special mitigation (the special mitigation) / [the sentence] / In the case of obstruction of the performance of official duties / The crime is not good, damage is not recovered, damage is not recovered, reflects, there is no history of the same crime, there is no criminal history, and there is no criminal history other than the fine once, and each injury is minor.

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