logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.05.19 2017고단1999
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

On January 20, 2017, at the front of Gangnam-gu Seoul, the Defendant: (a) 01:20, and the Defendant reported an emergency treatment because he was under the influence of alcohol; (b) 119, the fire brigade commander D, who was a fire brigade belonging to C fire station, dispatched to that place, tried to flick the Defendant and give an emergency treatment; (c) while under the influence of alcohol, the Defendant took a bath to the said fire brigade members without any justifiable reason, and assaulted the said fire brigade members at once.

Accordingly, the defendant interfered with life-saving or first-aid activities by assaulting the fire-fighter dispatched.

Summary of Evidence

1. The Defendant asserts to the effect that some of the Defendant’s statutory statements were in a state of mental or physical loss or mental weakness under the influence of alcohol.

In light of various circumstances, such as the background and means of the crime, the details of the crime, and the defendant's behavior before and after the crime, which are acknowledged by each evidence of the judgment, the defendant's drinking at the time of the instant case is recognized, but it is not deemed that the defendant did not have or lacks the ability to discern things or make decisions due to the alcohol, and thus, the above assertion is not acceptable.

1. A written statement of the victim;

1. Application of Acts and subordinate statutes on investigation reporting;

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 Fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment, in a case where the defendant, under the influence of alcohol, assaults the body of a fire fighter who was dispatched to help him to commit a crime, shall not be deemed to be a disadvantageous condition to the defendant, and the nature of such crime is not good;

However, there is no criminal record against the defendant, and the extent of the assault is serious.

It is difficult to see, and the fire fighters are not punished.

It is the same as the disposition in consideration of all the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the statement, the age, sex, environment, etc. of the defendant.

arrow