A defendant shall be punished by imprisonment for not less than eight months.

On August 4, 2011, the crime of this case was committed by the Defendant who obstructed life-saving or emergency medical services by assaulting fire fighters, etc. and the quality of the crime is not good, and on August 12, 201, the court was sentenced to one year and six months of imprisonment, or three years of suspended execution, and the judgment became final and conclusive on May 8, 201, and on May 8, 2013, the above court was sentenced to six months of imprisonment for the crime of violation of the Punishment of Violence, etc. Act (joint intimidation) and two years of suspended execution and became final and conclusive on May 16, 2013, and again commits the crime of this case during each suspended execution period, in addition to each of the above suspended execution, it is necessary to punish the Defendant with strict punishment in light of the following: (a) the crime of this case was committed on the front of the police vehicle immediately after the crime of this case; (b) the crime was committed on the front of the police vehicle.

However, in light of the fact that fire fighters did not injure the fire fighters due to the instant crime, the fire fighters agreed with the Defendant and wanting to take the Defendant’s position in the process of the trial, the fact that the health is not good due to liveration, etc., and all other circumstances that form the conditions for the sentencing specified in the instant case, the lower court’s sentencing is too unreasonable.

Thus, the defendant's appeal is justified. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Subparagraph 1 (c) and (c) of Article 50 of the Framework Act on Fire Services concerning the relevant criminal facts;