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(영문) 서울중앙지방법원 2017.08.31 2017고단4470
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

At around 02:00 on April 9, 2017, the Defendant: (a) sent to the site after receiving a report from 119 that the Defendant was in excess of the stairs, who is the Defendant, in the “Bsing room” located in Seocho-gu Seoul Metropolitan Government; (b) sent to the site with the Seocho 119 Safety Center D Local Fire Officers E and sent to the site; and (c) arrived at the G Emergency Hospital located in Seocho-gu Seoul Metropolitan Government.

Although the Defendant had repeatedly explained at the above temporary location that he would not be appropriate to breath because he was suspected of cutting off the parts of his arms from E from the fire brigade cause, the Defendant expressed that he would not take any other bath to E on the ground that the emergency measure of E, which is the fire brigade cause, does not lead to the mind, and she took a bath to E on the ground that the emergency measure of the fire brigade cause is not taken, and she was pushed off by pushing the chest part of E, cutting off the chest part of E on the floor, cutting it over the floor, cutting it over, going through E, and talking with E after she was used on the floor, and she must look back with it, and “I am to sing, we am we see this dog, we am to see this it repeatedly.”

Accordingly, the defendant assaulted fire fighters, thereby hindering human life rescue activities.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Article 50 of the relevant Act on criminal facts, subparagraph 1 (c) 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. The sentencing of Article 334(1) of the Criminal Procedure Act, based on the following circumstances, such as the Defendant’s age, sex, environment, family relationship, motive and consequence of the crime, and the circumstances constituting the conditions for sentencing as shown in the argument of the instant case, shall be sentenced to the same sentence as the Disposition, taking into consideration: (a) the Defendant’s recognition of the crime and reflects the nature of the offense; (b) the exercise of tangible power is relatively minor; and (c) there is no evidence to consider the Defendant’s criminal act; and

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