A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 11, 2017, the Defendant: (a) stopped on the road adjacent to the building B located in Seongbuk-gu, Sungnam-si; (b) 119 first-aid vehicles; (c) 119 first-aid vehicles, “A patient suffering from side-to-face in front of the second floor elevator of the above building,” upon receipt of a report 119, sent the first-aid staff C, D attempted to transport the Defendant to the hospital; (d) refused to go to the hospital without any special reason; and (e) committed assault to the above first-aid staff members, such as “I saw off without wrapping,” “I Y, I Y, I am going beyond weather, and I am reported.”

Accordingly, the defendant interfered with the 119 first aid activities of the 119 first aid crew, and at the same time interfered with the legitimate execution of duties concerning the rescue and emergency activities of the first aid crew.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes to photographs by means of first-aid services, emergency rescue and control situation by emergency rescue, violent images, and closures;

1. Article 136 (1) (the point of obstructing the performance of official duties), Article 28 and Article 13 (2) (the point of obstructing emergency medical services) of the Criminal Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. Prosecutor’s opinion - One year of imprisonment;

2. Determination of sentence - Six months of imprisonment, and obstruction of the execution of official duties for two years of suspended execution is a serious crime that undermines the functions of the State by nullifying legitimate exercise of public authority and thus requires strict punishment, and this case shall select imprisonment as it obstructs emergency medical activities to escape the defendant.

However, considering the favorable circumstances, such as the defendant's confession, the fact that the damaged emergency medical service crew members want not want to be punished by the defendant, the fact that the defendant does not have any criminal records exceeding the fine, and the defendant's age, sex, environment, motive for the crime.