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(영문) 의정부지방법원 2017.03.20 2017고단388
소방기본법위반등
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 27, 2016, the Defendant was in an emergency vehicle and moved to the hospital located in Seoul, on December 27, 2016 by the victim D (21 3) and E (27 3) who was called the C119 Safety Center staff of the C119 Safety Center after receiving a report in the vicinity of the 221st century at the time of the Government-Si, Ma, Ma (27 3).

In the above emergency vehicle, when the victim's face face is taken one time from the victim E, the defendant injured the victim by cryp, tensions, etc. requiring medical treatment for about 14 days. In two times the victim E face part of the victim E, the defendant injured the victim by cryp dump, tensions, etc.

Accordingly, the defendant assaulted fire fighters, interfered with first aid activities, and inflicted an injury on the victims at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police statement with respect to E and D;

1. Statement of an investigation report (referring to submission of the victim's first-aid log and the medical certificate for injury);

1. Application of CD’s film-related statutes;

1. Article 257 (1) (the point of injury) of the Criminal Act, Article 50 subparagraph 1 (c) and Article 16 (2) of the Framework Act on Fire Services (the point of obstructing the activities of fire fighters) of the same Act concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act (which is favorable to the reasons for sentencing as set forth below): Each aggravated element of sentencing [the person subject to special sentencing] under Article 62(1) of the Act on the Suspension of Execution: In the case of obstructing the performance of official duties among the groups of violent crimes, each aggravated element of punishment [the scope of recommended punishment]: From six months to six months, two years [the application of multiple standards for handling crimes] from six months to three years [the application of multiple standards for handling crimes] from six months [the decision of sentence] [the decision of two years x 1/2] [the defendant] who was sentenced to a suspended sentence for six months in six months, and the defendant injured a fire officer who was rescued by him/her.

the safety of the people;

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