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(영문) 대전지방법원천안지원 2020.11.27 2020고단2619
소방기본법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

No person shall obstruct a fire brigade in the performance of fire extinguishment, lifesaving or first-aid services by using violence or intimidation without justifiable grounds.

On August 16, 2020, at around 22:13, the Defendant transferred the 119 rescue and first-aid centers of Asan Fire Station, a first-aid worker belonging to the 119 rescue and first-aid centers, to G hospitals located in Asan City by fire fighting officers, and at around 22:38 of the same day, the Defendant did not wait for the order before the above G hospital, and the above D and E move to the selective medical center without waiting for the order before the above G hospital, and the above E expressed the h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’, and reported to the police, the Defendant threatened the above E with the h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’.

In the end, the Defendant interfered with emergency medical services by exercising assault and intimidation against the fire brigade dispatched.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, H, and I;

1. Each injury diagnosis letter;

1. Application of the Acts and subordinate statutes governing the occurrence of a assault accident by a mountain fire brigade, an emergency medical service worker, or a person who takes a violence image of an emergency medical service worker, such photographs, the violence photographs of an emergency medical service worker, and the use of such photographs;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The defendant in the suspended sentence of punishment under Article 62(1) of the Criminal Act exercised violence against the fire brigade in order to protect the lives, bodies and property of the people through rescue operations and emergency medical services, and the nature of the crime is not very good in light of the object, circumstances, degree of the use of violence, etc.

Defendant is punished by a fine for violent crimes in the past.

However, the defendant's mistake.

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