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(영문) 의정부지방법원 2020.05.20 2019고단5899
소방기본법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

【Criminal Power】 On September 25, 2019, the Defendant was sentenced to two years of suspension of the execution of imprisonment for the purpose of obstruction of performance of official duties at the Seoul Northern District Court, and the said judgment became final and conclusive on October 3, 2019.

【Criminal Facts of Crimes】 On December 19, 2018, the Defendant reported 119 at the front parking lot of the “C” restaurant located in the Namyang-si, Namyang-si, on December 19, 2018, that the Defendant reported 119 and sent the Defendant at the front of the “C” restaurant, and confirmed the status of the Defendant, and took a bath to move the Defendant to the hospital without any justifiable reason, such as the defect of the Defendant’s moving the Defendant to the hospital, the head of the fire bridge E, who is an emergency medical service worker, at least three to four times, and took two through three times the vessels of the said D with his hand.

Accordingly, the defendant assaulted fire fighters dispatched to interfere with emergency medical services.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E and D;

1. A report on the occurrence of a fire-fighting activity, related photographs, and emergency medical services log;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (the facts during the period of suspension of execution of sentence), and application of Acts and subordinate statutes of a written judgment;

1. Relevant Articles 50 and 50 subparagraphs 1 (c) and 16 (2) of the Framework Act on Fire Services, the selection of punishment for a crime, and the selection of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal conditions favorable to the defendant among the reasons for the suspension of execution);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act for probation and community service order is an act of assaulting fire officials who perform a duty to protect the lives and bodies of the people through rescue operations and emergency medical services, etc. in an emergency, and their activities are obstructed by the said act, and the crime and the nature of the crime are

The defendant recognized his mistake and seriously reflects his fault, and the defendant deposited a certain amount for the recovery of the victims, and this case.

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