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(영문) 수원지방법원 성남지원 2016.11.16 2016고단2887
소방기본법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No person shall obstruct a fire fighter dispatched without justifiable grounds in the performance of his/her fire extinguishment, lifesaving or first-aid services by means of violence or intimidation.

On September 4, 2016, at around 23:54, the Defendant: (a) moved the Defendant to a subdivision hospital located in 59, Sungnam Fire Fighting Station D, which was called up after receiving a report from 119 that “I drink was used in drinking” in the c dry Part C located in Sungnam-si A, Sungnam-si, the Defendant: (b) sent the Defendant to an emergency vehicle and moved the Defendant to a subdivision hospital located in 59, Sungnam-gu, Sungnam-si; (c) sent the Defendant with the desire of smoking and smoking in the emergency vehicle; and (d) sent the e, “Is and kis,” etc. to the said E, who dice and prevented the smoking in the emergency vehicle; and (d) refused to measure the blood pressure of nurses in the emergency hospital after arrival at the above subdivision hospital.

Accordingly, the defendant interfered with emergency medical services by assaulting the fire fighter dispatched.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Application of the Acts and subordinate statutes of each written confirmation of G and H;

1. Relevant Articles 50 and 50 subparagraph 1 (c) and 16 (2) of the Framework Act on Fire Services, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the sentencing period under Article 62-2 of the Social Service Order Criminal Act has several times the criminal records of the Defendant, such as obstruction of the performance of official duties and damage to public goods, and that the Defendant again committed the instant crime even though the appellate court was sentenced to a fine under the first instance court due to obstruction of the performance of official duties, even though the appellate court was pending, etc.

However, considering favorable circumstances such as the fact that the crime of this case appears to be a dynamic crime in the state of being committed in the state of being committed, the degree of violence against fire officers is not very serious, and the fact that the crime of this case is committed in the state of being committed, it is necessary to consider the defendant's age, character and behavior, living environment, and circumstances after the crime.

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