A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2016. 8. 4. 22:10경 서울 금천구 B에 있는 C마트 앞길에서, ‘직장 동료가 술에 취해 넘어져 얼굴을 다쳤다’는 119 신고를 받고 현장에 출동한 서울영등포소방서 소속 소방교 D 등으로부터 구조되어 119 구급차량으로 병원으로 후송되던 중 아무런 이유 없이 발로 위 D의 얼굴을 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the transfer of the above D patient, who is a fire officer.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. Written statements of D;

1. Reporting on the occurrence of official duties;

1. Photographss by cutting a black stuff image;

1. Blus video data CD [the defendant merely caused a black mar to go off by the defendant's body, and did not have any criminal intent to obstruct performance of official duties. However, according to the evidence duly adopted and examined by this court including Blus video data CD, the fire assistant D was taking emergency measures against the defendant during the process of sending the defendant to 119 first-aid vehicles and divided the defendant's daily behaviors and conversations. However, the defendant was found to have been using the following facts: the defendant was exposed to the defendant, and the fire assistantd price was fluor, not the defendant was fluor, but the fire assistantd's body was fluor, and the fire assistantd's body was not fluord's body and the defendant was fluord's movement was fluor, so the defendant did not seem to have suffered any danger and injury, and thus, the defendant did not accept the defendant's aforementioned assertion that the fire assistant D's duty was legitimate during the process of performing his duties.]

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime (the point of obstructing performance of official duties and the choice of imprisonment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The types of recommendations according to the sentencing criteria;