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(영문) 서울남부지방법원 2019.01.23 2018고단4168
소방기본법위반
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

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 June 12, 2018, around the Yeongdeungpo-gu Seoul Metropolitan Government B Apartment, the Defendant: (a) reported 119, and sent to the Defendant, and the fire officers belonging to the C119 Safety Center returned to the Defendant’s domicile entered in the Defendant’s resident registration certificate; (b) confirmed that the Defendant’s domicile was not the Defendant’s domicile; and (c) assaulted the fire fighter D’s face face level, which was the Defendant’s address entered in the Defendant’s resident registration certificate; (d) confirmed that the Defendant’s domicile was not the Defendant’s residence; and (e) assaulted the Defendant several times.

Accordingly, the defendant interfered with life-saving or emergency medical services by assaulting the fire fighter dispatched.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Reporting on the occurrence of violence incidents against emergency medical services workers;

1. A certificate of medical treatment;

1. A dispatch order;

1. Emergency medical services log;

1. Results of recycling the CD of an emergency medical service worker's assault;

1. Application of the Acts and subordinate statutes concerning the capture of violence images on emergency medical services workers;

1. Relevant statutory provisions concerning facts constituting a crime and subparagraph 1 (c) of Article 50 and Article 16 (2) of the Framework Act on Fire Services (the selection of a fine and points to interfere with emergency medical services);

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant asserts that, while under the influence of alcohol at the time, he was aware that he would have taken away his wall while under the influence of alcohol, and that he committed an act of defensively assaulting a first responder under an influence and did not intend to interfere with emergency medical services without the intention of assault.

2. The accused in the situation before the act of assault, recognized by evidence duly adopted and investigated by this court, including the result of the reproduction of the CDs by the person under whose judgment was taken place, the statement by the first responder, and the statement by the first responder.

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