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(영문) 대전지방법원 논산지원 2017.05.26 2017고단226
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 fire-fighting activities, such as the extinguishment of fires, lifesaving, first aid, etc., dispatched to the scene without justifiable grounds.

Nevertheless, on April 5, 2017, the Defendant assaulted three times to the Masan who was in possession of the head of the fire department B(Y, 35 years old) of the fire station affiliated with the Chungcheongnam-do government, which was called out after receiving a report on the dispatch of the electric telegram fire from the Masan Park Park Park, in a manner corresponding to the high speed of 143 gold-ro, Sinsan-si, Sinsan-si, Sinsan-si.

Accordingly, the defendant interfered with fire-fighting activities such as extinguishing fire by exercising assault against fire-fighters dispatched to the scene without justifiable reasons.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. Application of Acts and subordinate statutes to a report on investigation (report on a fire mobilization order);

1. Article 50 of the relevant Act on criminal facts and subparagraph 1 (c) and Article 16 (2) of the Framework Act on the Selective Fire-Fighting of Punishment (Selection of Penalty)

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the crime of this case are inferior to the nature and circumstances of the crime of this case. However, the punishment as ordered shall be determined by taking into account all of the sentencing conditions shown in the pleadings of this case, such as the fact that the defendant misleads and reflects the defendant, that the defendant has agreed to do so smoothly with the victim, that the defendant does not have the records of the same kind of crime, and that the defendant does not have the records of the crime of this case.

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