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

However, 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

Around 12:40 on May 2, 2017, the Defendant, while under the influence of alcohol at the bend on the events installed on India, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoul, 58, took a 119-year fire officer B, who was called out after being reported to 119, carried out a fire extinguishing machine and lifesaving equipment on the first-aid vehicle, and continuously carried out a brupt (19cm in length on the blades) kept on the first-aid vehicle, thereby hindering a fire officer’s legitimate performance of duties concerning the handling of 119 reported reports.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. C’s statement;

1. Application of the police seizure protocol statutes;

1. Article 136 (1) of the Criminal Act, and the choice of punishment for the crime;

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

1. Aggravation factors according to the sentencing guidelines / scope of the recommended sentences / [Scope of the recommended sentences / [Obstruction of the performance of official duties and coercion of duties] basic areas (six months to one year and six months) (special sentencing factors) / Where a dangerous object is carried, punishment costs shall not be imposed;

2. The crime of this case, which was determined to be sentenced, committed by the defendant, was committed by assaulting a fire officer who attempts to help the defendant himself, such as booming him, and the nature of the crime is not good.

In addition, the defendant was punished by a fine of KRW 1.5 million for the same crime on September 17, 2012, but again committed the crime of this case, and thus, he was punished by imprisonment with prison labor due to a high risk of recidivism.

However, as seen earlier, there is no record of punishment otherwise except for those subject to a fine once due to the obstruction of the performance of official duties by agreement with the damaged fire officials, and other factors such as the defendant's age, sex, environment, motive and circumstance of the crime, the circumstances after the crime, etc., shall be determined as per the order, taking into account the following factors: