The judgment of the court below is reversed.

The punishment of the accused shall be determined by eight months of imprisonment.

1. Summary of grounds for appeal;

A. (1) Defendant (1) had weak intent or ability to discern things under the influence of alcohol at the time of committing a crime of violation of the Emergency Medical Service Act and violence and interference with the performance of official duties in the judgment of the court below.

(2) The sentence of the lower court (one hundred months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. We examine ex officio the judgment of the court below on the ground of appeal by the defendant and prosecutor, as follows. Thus, we examine ex officio the judgment on the ground of appeal by the defendant and prosecutor.

(1) No person charged with this part of the facts charged may interfere with the rescue, transfer, emergency treatment, or medical treatment of an emergency patient by means of violence, intimidation, deceptive scheme, threat, or other means, or destroy, damage, or occupy medical facilities, equipment, medicine, or other objects for emergency medical services by a medical institution, etc.

Nevertheless, the Defendant, at around 05:20 on April 6, 2016, 201, engaged in an emergency rescue work in the E hospital emergency room located in the Southernnam-gun (hereinafter “E hospital emergency room”) with a private victim G (the age of 32) and a parking problem, expressed the victim the victim’s desire to “this year and low-age” while taking the victim’s desire to “this year and low-age,” and finck the victim’s finc that had been at the same time and fincing the victim’s co-owned part of the victim’s co-owned part of the victim’s finc with drinking, and continued to fincing the finc of the victim’s H(the age of 43).

Accordingly, the defendant interfered with emergency rescue workers' duties by assault, etc.

(2) Article 60(1)1 of the Emergency Medical Service Act provides that a person who obstructs emergency medical services, or destroys or occupies medical facilities, etc. shall be punished by imprisonment for not more than five years, or by a fine not exceeding 50 million won. According to Article 2(2) of the same Act, “emergency medical services” refers to the life from the time an emergency patient occurred.