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(영문) 서울남부지방법원 2016.07.01 2016고단1617
소방기본법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On March 12, 2016, at around 23:20, the Defendant: (a) sent the Defendant, who was suffering from the next dub heat at the Sung-ro Hospital located in Guro-gu Seoul, Guro-gu, Seoul, to the above hospital pursuant to 119 report; (b) sent the Defendant to the above hospital; and (c) sent the first-aid staff C belonging to the fire station to be placed in the emergency room at the emergency room, and, without any particular reason, assaulted the Defendant, by hand, the Defendant, without any specific reason, of c’s flabing the buck c’s face one time, and walked the c’s face twice by walking the buckbuck c’s face twice.

Accordingly, the defendant interfered with the legitimate execution of duties of fire fighters and interfered with the emergency service activities of fire fighters dispatched.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Written statements of D;

1. On-site dispatch reports;

1. Application of the Acts and subordinate statutes to photographs by cutting CCTV images and CCTVs;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties), Article 50 subparagraph 1 (c) and Article 16 (2) of the Framework Act on Fire Services (the point of obstructing the activities of fire fighters) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment as a crime of violating the Framework Act on Fire-Fighting which has heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing guidelines set forth in the sentencing guidelines shall include a defendant on the grounds that he/she commits a crime of violation of the Framework Act on Fire-Fighting heavier than punishment on the grounds that he/she commits an ordinary concurrent crime of the scope of the recommended punishment, but shall refer to the sentencing guidelines for the crime of interference with the execution of official duties

[Determination of Type 1 (Interference with and Forced Performance of Official Duties) [Determination of Place of Recommendation] Basic Field / [Scope of Recommendation] from June to April 1st

2. Circumstances disadvantageous to the decision of sentence: There is no circumstance in which the defendant uses violence against fire-fighting officials dispatched for the purpose of providing relief to the defendant, and the responsibility for such crime is grave, and the degree of the assault against the damaged fire-fighting officials is not minor, and the damage is recovered.

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