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(영문) 서울서부지방법원 2018.01.31 2017고단3402
소방기본법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall interfere with fire-fighting, lifesaving, or first-aid services by using violence or intimidation to fire-fighters dispatched without justifiable grounds.

Nevertheless, on October 30, 2017, the Defendant would help the victim E (the 29 years old) and the victim F (the 35 years old) who are fire officers belonging to the Yongsan Fire Station D 119 Safety Center affiliated with the Yongsan Fire Station called up after receiving a report at around 21:25, Yongsan-gu Seoul, Yongsan-gu, Seoul, and the “road was used” will help the victim E (the 29 years old) and the victim F (the 35 years old) in an annoyed place.

"Is the defendant who was used while sitting as "Is the defendant, Is the victim's desire to do so", and "Is the victim E" following it.

“The victim’s knee, knee, knee of the victim E at one time, and the victims who fright to the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the frighter,

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements made against the defendant during the police interrogation protocol;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes on the closure of a physical camp and video image;

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

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

1. Selection of an alternative fine for punishment (Considering the circumstances, such as the fact that his mistake is against himself, the degree of assault against the damaged fire-fighters is not much severe, and there are some circumstances to be taken into account in the course of committing the crime such as the defendant's situation at the time of committing the crime, such as the fact that the damaged fire-fighters want to have the Defendant's wife, and the fact that there was no force of punishment after 2010)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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