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(영문) 서울서부지방법원 2019.02.14 2018고단1391
소방기본법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

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.

Nevertheless, on November 17, 2017, around 22:37, the Defendant: (a) reported that a male was suffering from Escopic abortion 175; (b) and (c) sent to Escopic Scopic C, a first-aid worker belonging to Escopic fire station B, who was under the influence of alcohol to the fire brigade C, who was under the influence of alcohol; (c) and (d) sent the said C’s chest back to his hand.

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

Summary of Evidence

1. The defendant's legal statement;

1. Each legal statement of witness C and D;

1. Application of CCTV video and wabb campaigns-video CD-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Article 50 subparagraph 1 (c) and Article 16 (2) of the Framework Act on Fire Services for the Selection of Punishment;

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

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (Article 334(1) of the said Act of the fire fighters (“Defendant and his defense counsel explicitly expressed that the Defendant would not receive medical treatment to the said fire fighters, and thus, the fire fighters completed the emergency medical services, even if the Defendant’s act did not reach the degree of obstructing the fire fighters’ emergency medical services. According to the foregoing evidence, it is sufficient to view the Defendant’s act as impeding the above emergency medical services at the time when the said fire fighters were on the chest’s chest at the time when the said fire fighters were on the chest.

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