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(영문) 창원지방법원 2019.07.24 2019고단1443
소방기본법위반
Text

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

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

Reasons

Punishment of the crime

No person shall obstruct a fire fighter in the performance of his/her fire extinguishment, lifesaving or first-aid services by means of violence or intimidation.

On December 20, 2018, at around 00:19, the Defendant: (a) exercised assault against C, who performed emergency medical services, such as being able to have the Defendant returned to the road without returning home even though the fire fighter C, who was under the influence of alcohol in front of 00:19, was able to have the Defendant returned to the road; (b) said C was able to take measures to go to India for the safety of the Defendant; and (c) said C was able to write the body of C by hand; and (d) was able to put the body of C into a knife with his hand when the body was schered and schered.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with respect to C and D;

1. A report on the occurrence of violence against an emergency medical service worker, E 19 Safety Center work log, emergency medical service log, and emergency medical service situation report;

1. Application of the video CD-related Acts and subordinate statutes

1. Relevant provisions of the relevant Act on criminal facts and subparagraph 1 (c) of Article 50 and Article 16 (2) of the Framework Act on Fire Services that choose a penalty;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant interfered with emergency medical services of fire fighters and uses violence during a considerable period of time, and accordingly, the liability for the crime is not minor.

However, the Defendant recognized the instant crime and did not repeat the same mistake.

The fire-fighting company accepted the defendant's death and wanted the defendant's wife.

Defendant has no record of being punished for a crime before the instant case.

Other factors for sentencing, such as the age, character and conduct of the defendant, the details of the violence used by the defendant, the details and circumstances of the crime in this case, and the circumstances after the crime, shall be determined as the sentence as ordered.

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