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

피고인은 2017. 3. 11. 22:17 경 대구 수성구 B 건물 지하 2 층에서 피고인이 위 건물 에스컬레이터에서 굴러떨어져 응급한 상황이라는 신고를 받고 현장에 출동한 C 소속 지방 소방장 피해자 D(38 세 )로부터 응급 처치를 받던 중 술에 취하여 아무런 이유 없이 치료를 거부하고 오른손바닥으로 피해자의 머리를 1회 때리고, 계속하여 위 건물 지하 1 층에서 피고인의 인대 손상 등이 의심되는 응급한 상태에 대응하기 위해 응급처리를 계속하는 피해자의 얼굴을 피고인의 오른발로 1회 걷어찼다.

In the end, the Defendant obstructed legitimate first-aid activities by exercising assault or intimidation against fire-fighters, and inflicted injury on the victim, such as dump, tension, etc. in need of approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A place where emergency medical services are to be performed and to be performed;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions of the Criminal Act, Article 257 (1) of the Criminal Act, subparagraph 1 (c) of Article 50 of the Framework Act on Fire Fighting, and selection of imprisonment for a crime;

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 of the suspended sentence is that the defendant uses violence against the fire fighters on behalf of the defendant without any particular reason.

On the other hand, the fact that the defendant compensates the victim for damages and agreed smoothly, the defendant has no other punishment power except the punishment imposed by a fine due to drinking driving, and the fact that the defendant is against the obligation of the defendant is more favorable.

In addition, in consideration of all the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the defendant, the punishment as ordered shall be determined.