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(영문) 서울동부지방법원 2020.08.13 2020고단1332
소방기본법위반
Text

A defendant shall be punished by imprisonment for six 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

No person shall obstruct the performance of fire extinguishment, lifesaving or first-aid services by using violence or intimidation to fire fighters dispatched.

Nevertheless, at around 01:27 March 24, 2020, the Defendant demanded on the so-called Seongdong-gu, Seongdong-gu, Seoul, to transfer the bicycle to a hospital located in the area where he resides, to a hospital located in the area where he lives in the country.” However, the above B and C demanded that “the person’s self-sufficiency referred to in B and C should not be delivered to the nearest local emergency medical institution in the case of a patient suffering from wound.” The Defendant argued that “I need not go against the Defendant on the defective attitude without mind, I would like to say that I would like to say that I would like to say that I would go against the Defendant, I would like to say that I would like to say that I would like to go against the Defendant, I would like to see that I would like to go through the eth, fri and heading, spawh, e.g., spawn, spawn, e., spawn, and that I would see the Defendant’s face to the right hand hand hand.

Accordingly, the defendant assaulted fire fighters dispatched to interfere with life rescue and emergency medical services.

Summary of Evidence

1. The application of Acts and subordinate statutes of the defendant's legal statement B, each police statement of the defendant with respect to C, each investigation report and attached documents (Evidence List Nos 7, 8);

1. Article 50 subparagraph 1 (c) and Article 16 (2) of the Framework Act on Fire Services concerning the relevant criminal facts;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. One month to five years of imprisonment with prison labor within the applicable range;

2. Determination of sentence [Incompetence] lifesaving and emergency medical services of fire officials are to protect lives, bodies and property of the people, and the urgency and necessity of which are significant;

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