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

Criminal facts

No person shall interfere with fire-fighting activities, such as the extinguishment of fires, lifesaving, first-aid services, etc., dispatched by a fire brigade without justifiable grounds.

On April 26, 2017, at around 22:43, the Defendant: (a) committed assault to the victim E (36) who was a fire brigade belonging to the mountain fire station located in Ulsan-gun, Ulsan-gun, and received a report, and started emergency treatment to send the Defendant to the hospital, and without any justifiable reason, received the victim’s face from the emergency vehicle to the hospital; and (b) continued to do so by assaulting the victim, such as breathing the breath of the victim’s breath by hand, and continuing to do so for about six weeks of treatment.

Accordingly, the defendant interfered with legitimate performance of duties on fire-fighting activities, such as life rescue and first aid of fire-fighting crew members, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a criminal investigation report, each photograph, a copy of the order of 119 mobilization, and a medical certificate of injury;

1. Article 257(1) of the Criminal Act relevant to the crime; Article 50 Subparag. 1 and 16(2) of the Framework Act on Fire Services; Article 136(1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment specified in the most serious crime of injury shall be imposed);

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

1. Type 1 (General Injury) in the area of aggravated punishment on the basis of the sentencing criteria (from June to two years, and from interference with the execution of official duties);

2. Circumstances unfavorable to the reasons for sentencing: The punishment shall be determined as per the order, taking into consideration all the circumstances that form the conditions for sentencing, such as the age, sex, environment, and background of crimes of the defendant, such as the fact that the defendant reflects the instant crime in depth and that the defendant has failed to accurately determine the remaining situations under the influence of alcohol, and that the remaining contingent crimes have been committed, are strong.