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(영문) 서울서부지방법원 2017.05.11 2017고단358
소방기본법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No person shall interfere with life-saving or first-aid activities by using violence or intimidation to fire-fighters dispatched.

Nevertheless, on November 30, 2016, at the front of the "C" located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, Seoul around 21:50, the Defendant was a member of the Seoul Mapo Fire Station D Emergency Medical Service, E, and F, who was called out after receiving a report from the principal offender to the second day of the "C" in the Yongsan-gu Seoul Metropolitan Government.

In order to take emergency measures against G, the grandchildren were brushed by breaking the chests and shoulders of E, F in a water condition and brushing them under treatment.

Accordingly, the defendant interfered with the emergency service activities of fire fighters dispatched.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, E, and H;

1. Application of Acts and subordinate statutes to the place of criminal reporting, the status of the receipt of orders to dispatch the 119 Gu and the report of 119 emergency medical services, and the place of emergency medical services activities;

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 reasons for sentencing of Article 334(1) of the Criminal Procedure Act include the degree of tangible force that the defendant has exercised on the fire fighters in the first-aid service activity, the same type of criminal records, the violation, the circumstances after the crime, the age of the defendant, sexual conduct, and the environment.

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