A defendant shall be punished by imprisonment for four 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

[Criminal Power] On July 25, 2019, the Defendant was sentenced to a suspended sentence of two years on July 23, 2020 by the Gwangju District Court for the crime of violation of the Road Traffic Act (unlicensed Driving).

【Criminal Facts】

No person shall obstruct fire extinguishment, lifesaving, first-aid services, or other fire-fighting activities performed by any fire brigade dispatched without justifiable grounds.

Nevertheless, around 08:32 on May 3, 2020, at the C parking lot located in Seo-gu, Seo-gu, Gwangju, the Defendant assaulted the parts of E one time to the right edge by saying, “A person in charge must go,” while going to the fire brigade, the Defendant arrived at the scene after receiving a report on the dispatch of a vehicle and rescued the Defendant inside the vehicle.”

As a result, the defendant assaulted the fire fighter, thereby hindering the fire extinguishment, lifesaving or first-aid services.

Summary of Evidence

1. Defendant's legal statement;

1. Each police report on investigation into the E and F’s statement (D fire fighting force mobilization order);

1. Criminal records as stated in the judgment: Application of the defendant's legal statement and investigation report (verification while a court of appeal is pending);

1. Relevant Articles 50 and 50 subparagraph 1 (c) and 16 (2) of the Framework Act on Fire Services, the selection of punishment for a crime, and the selection of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act (a favorable consideration of the reasons for sentencing below) is not likely to be a crime of assaulting fire fighters dispatched by the defendant for rescue activities.

It is relatively much that the defendant has been punished for committing violence.

This is a factor of sentencing unfavorable to the defendant.

However, the fact that the defendant recognizes his mistake and reflects, the fire brigade members do not want punishment for the defendant, the fact that the damaged fire brigade members appear to be a contingent crime, the violation of the Road Traffic Act (unlicensed Operation) and the latter part of Article 37 of the Criminal Code are concurrent crimes.