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(영문) 부산지방법원 2014.07.09 2014고단3950
소방기본법위반등
Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B On December 19, 2013, the Busan District Court sentenced one year of imprisonment with prison labor for a violation of the Military Service Act, etc., which became final and conclusive around that time, but the suspended sentence was revoked on June 2, 2014.

1. 피고인 A 피고인은 2014. 3. 20. 01:45경 부산 사하구 낙동대로 563번길 소재 노상에서 각목으로 맞은 피고인의 머리에서 피가 난다는 119신고를 받고 출동하여 응급조치 중인 사하소방서 하단119안전센타 소속 119구급대원인 D(29세)에게 ‘이 개새끼야’라고 욕설을 하면서 위 D의 얼굴을 향해 침을 뱉고, 같은 119구급대원인 E(34세)의 오른쪽 허벅지를 발로 찼다.

Accordingly, the defendant assaulted a fire-fighting officer D, who was dispatched for emergency medical services without justifiable grounds, and interfered with legitimate performance of duties concerning emergency medical services such as D.

2. At around 02:25 on the same day, Defendant B, instead of the Seo-gu, Busan National University Hospital emergency room, had avoided a disturbance, such as “I would like to spit or spit the probability of fright,” putting D to the said 119 first aid workers, who were in the emergency room of the Dong University Hospital located in Seo-gu, Seo-gu, Busan, with a view to “Ilk-gu, Il-gu, Il-gu, Il-gu, Il-gu, Il-gu, Il-gu.”

Accordingly, the defendant assaulted D who is a fire-fighting official dispatched for emergency medical services without any justifiable reason and interfered with the legitimate execution of duties of D's emergency medical services.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to D, E, and F;

1. Cuts to destroy a dynamic image to interfere with emergency medical services;

1. Previous convictions in judgment: Criminal records, data inquiry about criminal investigation records, and application of statutes of judgment;

1. Article 50 subparagraph 1 (c) and Article 16 (2) of the Framework Act on Fire Services for the Crime under Each relevant Act, and Article 136 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of penalty;

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