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(영문) 서울서부지방법원 2018.11.28 2018고단3371
소방기본법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall interfere with fire-fighting activities, such as the extinguishment of fires, lifesaving, first-aid services, etc., dispatched by a fire brigade without justifiable grounds.

Nevertheless, the Defendant, at around 05:09 on March 4, 2018, observed a traffic accident between a taxi and a pedestrian in Mapo-gu Seoul Metropolitan Government, and reported on the management of the accident between a taxi and a pedestrian on March 4, 2018, received a 119 report to the effect that there was a patient suffering from the injury due to the occurrence of a traffic accident, and that the members of the Mapo Fire Station D 119 Safety Center and two emergency medical service members called out after receiving a 119 report, verified the injury of the said traffic accident and heard the situation of the accident from a taxi engineer, and explained how to receive medical treatment from the said injured, and then, sought from the above emergency medical service worker E, “I talk about why the test of the person who was open from the c sale and grow.”

“The” means the speech, etc., and the body was sealed with the chest of the above E, and caused E to face with the vehicle which was stopped later.

Accordingly, the defendant, by force, interfered with the legitimate execution of duties concerning life rescue according to the report of the first-aid crew.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. On-site video files, the application of CD-related Acts and subordinate statutes;

1. Article 50 of the relevant Act on criminal facts, subparagraph 1 (a) 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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The circumstances that interfere with fire-fighting activities, such as first-aid services, etc. of the dispatched first-aid crew members, and the nature of the crime is not good: The facts that there is no record of crime, and other circumstances that are the conditions for sentencing as shown in the argument of the instant case, including the defendant's age, sex, criminal conduct, career, home environment, motive of crime, and circumstances after the crime, shall be considered.

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