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(영문) 대구지방법원 2017.04.20 2017고단864
소방기본법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On January 29, 2017, around 23:45, the Defendant: (a) reported that there was a patient suffering from the flight of stairs 108 dong 1802, 119, and two other members of the D fire department 119 Rescue and Emergency Center (29 years old), who were members of the D fire department 119 rescue and first aid center, were treated emergencyly by the Defendant; and (b) tried to take the Defendant into the parking lot of the Yong-Namnam University of Yongnam University located in the 307 Sinnam University located in the 307 Sinnam University of the Republic of Korea, and then, (c) tried to take the Defendant into the emergency room.

The Defendant carried out the movement of the police vehicles and the first-aid vehicles after pushing the members of the first-aid services, and after being in front of the above hospital, the Defendant called the police vehicles and the first-aid vehicles.

On the 30th day of the same month, the defendant, at the front parking lot of the F cafeteria near the 00:30th day of the same month, tried to flee to the above hospital again, and prevented the emergency medical service activities of the above emergency medical service crew members by assaulting the victim, such as "I am, weather, and horses sound inside the front side", "I am 2-3 times the face part of the victim's face is 2-3 times due to the elblus, etc., and continuously, the victim's right face part is shouldered and the victim is pushed down."

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the Acts and subordinate statutes related to fuses, photographs, first-aid services, cell phone storage files;

1. Article 50 of the relevant Act on Criminal facts, subparagraph 1 (c) and Article 16 (2) of the Framework Act on Fire-Fighting for the Selection of Punishment, and Selection of Imprisonment with prison labor;

1. The case of assaulting 119 first-aid crew members, who were dispatched by the defendant for the reason of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, and causing bodily injury to the face of the defendant, is not good in light of the applicable criminal law.

However, there are favorable circumstances such as the defendant's acknowledgement of the crime of this case and reflects the mistake, the first offender, the agreement with the victim E, the contingent crime under the influence of alcohol, and other defendant's age, sexual behavior.

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