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(영문) 서울중앙지방법원 2017.06.16 2017고정1233
소방기본법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is the 119 first aid requester, and the victim B (n, 41 tax), C (n, 34 tax) and D (n, 33 tax) are fire-fighting public officials who work as members in the Seocho Fire Station E at the Seocho Fire Station in Seoul, Seoul.

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

Nevertheless, around 19:35 on February 15, 2017, the Defendant received a report in front of the Seocho-gu Seoul Metropolitan Government “Sebro 2 in Seocho-gu” located in Seocho-gu Seoul Metropolitan Government F, and used assault and verbal abuse, such as taking face to C and D, who were another first-aid crew member of the first fire department (G) who was dispatched to the site by the first-aid staff member of the first fire station (G) in the course of treating the Defendant, who was going into a trace of blood, at the time of arrival and treatment of the Defendant, who was using a trace of blood.

Accordingly, the defendant interfered with legitimate fire-fighting activities of the fire brigade dispatched by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against B, C, and D;

1. Application of Acts and subordinate statutes governing the place of emergency medical services activities;

1. Relevant Article of the Act on Criminal Facts and Article 50 subparagraph 1 (a) and Article 16 (2) of the Framework Act on the Selective Fire-Fighting (Considering the circumstances, such as the selection of a punishment penalty, the primary fact, the home environment, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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