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(영문) 창원지방법원 마산지원 2018.10.23 2018고단850
소방기본법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Criminal facts

No person shall, without justifiable grounds, interfere with fire-fighting, lifesaving, or first-aid services by exercising violence or intimidation against fire-fighters dispatched when a fire, disaster, calamity, or other emergency situation occurs.

On July 21, 2018, at around 21:30 on July 21, 2018, the Defendant: (a) was moving to the first-aid vehicle to hand over to his guardian the Defendant, who was taken by the fire station C belonging to the Mapo Fire Station Co., Ltd., which was sent after receiving a report of 119 that a female is living in front of the building, and (b) the Defendant was moving to the first-aid vehicle by hand the front left hand of D, and (c) was moving to the right hand of D’s name on the right hand, and (d) while the fire station E, who continued to be dispatched to the Defendant from the first-aid vehicle, was under the protection of the fire station E Co., Ltd., who was sent along with the Defendant.

Accordingly, the defendant interfered with life-saving or first-aid activities by using violence to fire-fighters dispatched without justifiable reasons.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police questioning protocol for victims of D or E, and each police statement protocol;

1. A copy of each medical certificate for D and E;

1. Application of statutes to a copy of the first-aid service activity log, a copy of the service log, and a copy of the order for mobilization;

1. Article 50 subparagraph 1 (c) and Article 16 (2) of the Framework Act on Fire Services, respectively, on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a person who violates the Framework Act on Fire-Fighting concerning E with heavier penalty)

1. Selection of an alternative fine for punishment;

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

1. Crimes of violation of the Framework Act on Fire Fighting of the Grounds for the Sentencing of Article 334(1) of the Criminal Procedure Act are more serious, and crimes in particular in the holding are committed in a state where there is no defense counsel against the 119 fire fighters who want to help the defendant, and thus illegality is highly likely to be punished.

In addition, the fire fighters who were the objects of the judgment crimes are the defendants.

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