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(영문) 수원지방법원 2018.09.06 2018고단4164
소방기본법위반
Text

A defendant shall be punished by imprisonment for four 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 one shall interfere with fire-fighting activities, such as the suppression of fire, lifesaving, first aid, etc. by fire, disaster, or other emergency situations dispatched without justifiable grounds.

On April 17, 2018, at around 19:16, the Defendant assaulted the victim E and victim F belonging to the rescue team of the Osan fire station 119 rescue team who was dispatched to the site after receiving the report of traffic accidents by the next pedestrian in front of the "D," located in the Osan-si, Osan-si, upon receipt of the report of traffic accidents by the next pedestrian, at the time when the victim E and the victim F were in first-aid services to check the status of the Defendant and treat the Defendant’s wife’s wife, by hand

Accordingly, the defendant assaulted the fire fighters dispatched according to an emergency situation, thereby hindering the legitimate fire fighting activities of the fire fighters.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Each injury diagnosis letter;

1. Application of the Acts and subordinate statutes to photograph a dynamic image taken by a witness at the time of the assault;

1. Article 50 subparagraph 1 (c) and Article 16 (2) of the former Framework Act on Fire Services (amended by Act No. 15532, Mar. 27, 2018; and enforced June 27, 2018) on criminal facts

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that the person commits any contingent crime after having undergone a traffic accident, and the fact that the person has no previous conviction for the last thirty years);

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