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(영문) 인천지방법원 2018.07.18 2018고단3103
소방기본법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall interfere with fire-fighting, lifesaving, or first-aid services by using violence or intimidation to fire-fighters dispatched without justifiable grounds.

On April 3, 2018, around 22:56, the Defendant: (a) boarded the flight accident of stairs at the D class in the Southern-gu Incheon Metropolitan City D class C, and received the pertinent 119 report; and (b) moved to G hospital located in Incheon Southern-gu, Incheon, as well as E, a fire brigade belonging to the fire brigade belonging to the Southern-gu Seoul Southern Fire Station; (c) and (d) assaulted the instant sub-paragraph (e) on a single-time basis by a sudden hand within the said ambulances without any justifiable reason.

Accordingly, the defendant interfered with the first aid activities by assaulting the fire fighter dispatched.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

There is no record of punishment other than punishment for the defendant who has already been punished once by a fine.

Unfavorable circumstances: An act of assaulting a victim who has been engaged in emergency rescue activities is in need of strict punishment of social harm.

The defendant's act seems to have suffered a big mental damage from the victim.

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