Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall obstruct a fire fighter in the performance of his/her fire extinguishment, lifesaving or first-aid services by assaulting or threatening him/her without justifiable grounds.
피고인은 2019. 3. 31. 12:00경 부산 동래구 B 부근에서, 구급출동 신고를 받고 현장에 출동한 동래소방서 C안전센터 소속 구급대원인 소방사 D가 피고인의 상태를 확인하려 하자, ‘좆만한 새끼야. 니가 뭔데’라고 욕설을 하면서 오른 주먹으로 D의 복부 부위를 1회 때리고, 경찰관들에게 상황 설명을 하는 소방장 E에게 다가가 오른 다리로 E의 복부 부위를 1회 찼다.
Accordingly, the Defendant interfered with emergency medical services by assaulting fire fighters dispatched without justifiable reasons.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Statement of police statements of E and D;
1. A written statement;
1. Emergency medical service log and order for mobilization;
1. Application of CD-related Acts and subordinate statutes
1. Article 50 subparagraph 1 (c) and Article 16 (2) of the Framework Act on Fire Services for the relevant Act on Criminal Facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered favorable to the reasons for sentencing):
1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc., of the same Act, is that the defendant, without good cause, takes a bath to five firemen who performed emergency medical services for himself/herself, and exercises violence, etc., and selects imprisonment in light of the circumstances having four times of violence criminal records, and the defendant is against his/her mistake, has no criminal records of the same kind, and the degree of assault has not been relatively heavy. In addition, in consideration of all the circumstances under which the sentencing conditions of this case are attached, the defendant is to postpone the execution of imprisonment on condition of community service, and determine the sentence as ordered in the Disposition.