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(영문) 춘천지방법원 2020.05.21 2019고단1134
소방기본법위반
Text

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

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

Reasons

Punishment of the crime

No person shall interfere with fire extinguishment, lifesaving, first aid, etc. of a fire brigade dispatched without any justifiable reason.

Nevertheless, at around 20:50 on October 10, 2019, the Defendant assaulted the knee of the fire fighting bridge E belonging to the Chuncheon Fire Fighting Station D119 Safety Center, which was dispatched after receiving a report of first-aid service in the B market in Gangwon-si, Gangwon-do, with the difficulty of respiratory, and continuously assaulted the face of F of the fire fighter.

As a result, the Defendant interfered with the activities of the fire fighter called out without justifiable reasons by assaulting the fire fighter dispatched.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of dispatch order and emergency medical services-related Acts and subordinate statutes;

1. Article 50 subparagraph 1 (c) and Article 16 (2) of the Framework Act on Fire Services concerning the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of the provisional payment order is to determine the same type of punishment as the order in consideration of the degree of assault on fire fighters in this case, the father, method, circumstances leading to the crime, the defendant's violent previous crimes, etc.

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