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

피고인은 2014. 10. 21. 23:30경 서울특별시 성동구 고산자로356에 있는 대한적집사자 앞길에서 술에 취한 사람이 쓰러져 있다는 신고를 받고 출동한 동대문소방서 B 소속 소방관 C, D이 피고인의 얼굴에 난 상처를 치료하려 하자 갑자기 위 소방관들에게 욕설을 하며 들고 있던 점퍼로 C의 얼굴을 1회 때리고, 발로 D의 왼쪽 무릎을 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of the fire officers concerning the 119 report processing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of C’s written laws and regulations

1. Article 136 (1) of the Criminal Act applicable to the crime;

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

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is an unfavorable circumstance that the crime of this case prevents the performance of official duties by assaulting the firemen, etc. dispatched while being under the influence of alcohol by the Defendant.

However, the fact that the defendant is recognized to commit the crime, that is the first offender who has no previous conviction, and that the degree of damage is not much severe should be considered in light of the favorable circumstances.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the circumstances that led to the defendant to commit the crime, the age, character and conduct, environment, motive and circumstances of the crime, the result of the crime, the circumstances after the crime, etc., as shown in the arguments in this case.