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(영문) 서울남부지방법원 2021.01.22 2020고단5113
소방기본법위반
Text

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

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

Reasons

Punishment of the crime

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

Nevertheless, around 19:30 on July 13, 2020, the Defendant interfered with the emergency service activities of the fire-fighting unit members, who called up after receiving a report from the Defendant in front of the emergency room of the C Hospital located in Guro-gu Seoul Metropolitan Government, in the course of transferring the Defendant to the emergency room of the D 119 Safety Center, who is the first-aid staff of the Fire Station D 119 Safety Center, and F, who called up after receiving a report from the Defendant in front of the emergency room of the C Hospital located in Guro-gu Seoul Metropolitan Government, in the course of moving the Defendant to the emergency room of the hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the police statements G in each police statement protocol with F and E (including a wabb cam cam analysis, photographic image analysis);

1. Relevant Article of the Act and subparagraph 1 (c) of Article 50 and Article 16 (2) of the Framework Act on Fire-Fighting for the Selection of Punishment for Criminal Facts (Selection of Imprisonment);

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

1. Although the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is not good, it appears to be acceptable to recognize and reflect a crime, the fact that there was no record of criminal punishment as being living for more than 50 years, and that the person was hospitalized in a half of the month in recognition of the issue of the existence of alcohol, etc., and received hospitalization on his own, and other various circumstances, including the defendant's age, sex, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., as indicated in the Disposition.

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