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(영문) 부산지방법원 2019.05.29 2019고단1090
소방기본법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

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 assaulting or threatening him/her without justifiable grounds.

Nevertheless, around 00:07 on February 28, 2019, the Defendant was receiving first aid from the first-aid workers belonging to the Busan Fire Station D 119 Safety Center, who was called to the scene after receiving a report of the first-aid operation due to a traffic accident, and, without any justifiable reason, was coming to the front part of the fire station E, and the front part of the fire station F, who tried to fix the bridge of the Defendant, and the front part of the face of the fire station G in the first-aid vehicle, and the Defendant was coming to the direction of the road to the direction of E, in which the Defendant was moving to the scene.

Accordingly, the Defendant interfered with emergency medical services by assaulting fire fighters dispatched without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of police statement related to E, F and G;

1. Emergency medical services log;

1. Application of CDs and photographs-related 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. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not likely to obstruct the execution of duties by assaulting three firemen who engage in life-saving activities without justifiable grounds.

However, the case is identical to the case in which the defendant had no criminal record of violence, or of suspended execution, in addition to the case of a fine due to a crime committed by this type of crime, and the defendant had committed contingent crimes under the influence of a good day in home, and reflects his own mistake in depth.

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