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(영문) 대구지방법원 2017.03.16 2016고단6266
소방기본법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 8, 2016, around 17:57, the Defendant: (a) reported that there was a patient who was used as side blood transfusions from the roads in the Yongcheon-si, Chungcheongnamcheon-si, 206 front of the road; (b) and (c) was transferred to an emergency hospital of the fire station of the 119 Rescue and Emergency Service Center, a fire station affiliated with the 119 Rescue and Emergency Center, and (d) G hospital located in the Gyeongcheon-si, Gyeongcheon-si, Gyeongcheon-si, Gyeongcheon-si, Gyeongcheon-si, Gyeongcheon-si, Gyeongcheon-si, Gyeongcheon-si, 201; and (b) was trying to use her mother when the Defendant passes through the I-type and the nearest area roads in the Gyeongcheon-si,

Accordingly, while under the influence of alcohol, the above D's request for cooperation with D's D' was made at one time due to drinking.

In addition, the Defendant, at around 18:23 on the same day, refused the transfer of a hospital to the G hospital emergency room located in the F of the Gyeongcheon-si, Chungcheongnamcheon-si, and took a bath to the said D while getting out of the hospital, and was off with the gark, knife, knife, knife, and knife the face of the said D.

Accordingly, the defendant assaulted fire fighters, thereby hindering the emergency service activities.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D or E;

1. Application of Acts and subordinate statutes on the face of violence;

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 Imprisonment with prison labor;

1. The crime of this case for the reason of sentencing under Article 62(1) of the Criminal Act is deemed to obstruct fire-fighters' first aid activities, and the nature of the crime is not good. However, the defendant's punishment is determined as ordered by considering the favorable circumstances such as the fact that he has no record of committing the crime in addition to being punished twice by a fine for traffic-related crimes, such as the fact that he has no record of committing the crime, and other factors indicated in the arguments of this case, such as the defendant's health status (e.g., brain, dementia), age (753), motive for committing the crime

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