A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2017. 11. 15. 00:01 경 서울 중구 C에서 술에 취해 바닥에 넘어져 상해를 입어 구급차를 타고 서울 중구 을지로 245 국립 중앙 의료원으로 가 던 중 서울 중부 소방서 소속 소방장 D를 아무런 이유 없이 주먹으로 때리려고 하였고, 소방장 D가 이를 제지하자 소방장 D의 얼굴을 발로 1회 걷어찼다.

Accordingly, the defendant assaulted fire officers to interfere with the legitimate performance of fire officers' duties on the transportation of emergency patients.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of one CD-related statute to CCTV data inside the ambulances;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. Application of the sentencing criteria;

(a) Determination of types: One type (Interference with the execution of public services);

(b) Field of Recommendation: Reduction area, one month to eight months (where the degree of violence or interference with public duties is minor).

2. Determination of sentence is against the defendant, and there are no special criminal records in addition to the punishment imposed twice by a fine, and the circumstances that may be taken into account in the course of committing the crime of the defendant, taking into comprehensive account the defendant's age, health status, environment, family, and circumstances after committing the crime of this case, and the various sentencing conditions specified in the records and trial process shall be determined as ordered.