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(영문) 부산지방법원 2017.04.19 2017고단1150
소방기본법위반
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

No person shall interfere with fire-fighting, lifesaving, or first-aid services by using violence or intimidation to fire-fighters dispatched without justifiable grounds.

On February 6, 2017, the Defendant used emergency measures from D and one other belonging to the Busan Fire Station C Safety Center, which was called the fire brigade in Busan, Seo-gu B and 301, to walk the head of the said D on two occasions on the right bridge near the stairs of the third floor, while moving to the first floor, which was the fire brigade in Busan, the Defendant used violence, such as walking the left side of the vehicle.

Accordingly, the defendant assaulted fire fighters dispatched without any justifiable reason and interfered with the first-aid activities.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of E and F;

1. Application of Acts and subordinate statutes to the site of emergency medical services activities, mobilization orders, and emergency rescue control progress status;

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 crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order is not those that the defendant assaulted fire fighters and interfered with emergency medical service activities.

However, the sentencing conditions stated in the records, such as the defendant's age, health, occupation, sex, family relationship, etc., shall be determined in full view of the fact that the damaged fire fighters do not want the punishment of the defendant, the contingent crime, the fact that there is no criminal record of the same kind or suspension of execution or higher, the defendant's age, health, occupation, sex, family relationship, and circumstances before and after the crime.

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