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(영문) 수원지방법원 성남지원 2018.01.09 2017고단2886
소방기본법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall interfere with the rescue and first-aid services by using violence or intimidation to the members of a fire brigade dispatched, and shall interfere with the extinguishment of fire, lifesaving or first-aid services by destroying or impairing the utility of fire-fighting equipment of the fire brigade dispatched.

On August 11, 2017, the Defendant: (a) received a report from the police that he was at the entrance of the police at a multi-faceway C located in Seongbuk-gu, Sungnam-si, Sungnam-si; and (b) received a report from the police that there was a patient complaining of the brucing the brucing pain; and (c) immediately after the Defendant’s fire station affiliated with the Sungnam Fire Station 119 Emergency Team transferred the Defendant to an ambulances using it; (d) she heard that she would she would drink any shed in the surrounding area, and she would drink any shed with her bell that she would she would drink, die, and die; and (d) she would throw off the her bell to she, “D” while leaving the emergency equipment in the first-aid vehicle. However, she would she throw away to she.

E The fire-fighting officer was subject to restraint.

Accordingly, the defendant threatened fire fighters, and damaged fire fighting equipment equivalent to 62,920 won at the market price such as the nuclear motor cushion, thereby hindering the activities of fire fighters.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs of the current status of damage from ambulances;

1. Application of the written estimate statutes;

1. Subparagraph 1 (c) (a) of Article 50 of the Framework Act on the Fire Services of Fire-Fighting (a violation of first aid activities by threatening fire fighters) and subparagraph 1 (d) of Article 50 of the Framework Act on Fire-Fighting (a violation of the operation of fire-fighting equipment by destroying fire-fighting equipment);

1. Selection of each alternative fine for punishment;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant committed the instant crime with the reason for sentencing under Article 334(1) of the Criminal Procedure Act.

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