The punishment of the accused shall be set forth in six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2018. 12. 21. 22:04경 서울 중랑구 B 앞 도로에서, 경찰관의 공조 요청에 따른 119신고를 받고 출동한 C소방서 소속 소방사 D에게 아무런 이유 없이 침을 수회 뱉고, 계속하여 구급대원들이 피고인을 구급차에 탑승시키려고 하자 소방사 D을 향해 발길질을 하고, 오른발로 소방사 D의 왼쪽 눈을 1회 찼다.

Accordingly, the defendant committed violence to fire fighters dispatched for emergency medical services without justifiable reasons and interfered with emergency medical services.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A E-document;

1. Investigation report (to analyze the wabb campaigns and CCTV images of ambulances);

1. A report on the occurrence of a disaster that obstructs fire-fighting activities of the 119 metropolitan investigation group, a rescue commander and emergency medical services officer, an injury diagnosis certificate;

1. The Defendant and the defense counsel asserts that spits spits are naturally natural behaviored by the breath, and that spits are not intentional but naturally discharged into fire officers D in the process of naturally laying down the upper body behind the breath in the state where the breath has no awareness of being drunk, and that there was no intention on the part of D.

In addition, the fire fighters at the time of the instant case asserted that Article 16-3 of the Framework Act on Fire Fighting should be applied, not Article 16 of the same Act, because their activities constitute “life safety activities” rather than “fire fighting activities”

However, according to the evidence duly adopted and examined by this court, including the first CCTV video, the fact that the defendant was drunk even though he was under the influence of alcohol, but he spits and spits the nature of the fire fighter D with the intention of assault.

In addition, under the influence of alcohol, the defendant's report on the request for the cooperation of police officers is made in the situation where the defendant is unable to sit on the road.