A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 술에 취하여 사물을 변별하거나 의사를 결정할 능력이 미약한 상태에서, 2017. 11. 26. 02:50 경 경기 구리시 C에 있는 ‘D 노래 장 ’에서 손을 다쳤다는 취지의 119 신고를 받고 출동한 구리 소방서 소속 소방공무원 E와 같은 소방서 소속 F으로부터 응급 처치를 받은 뒤 추가치료를 위해 도보로 함께 이동하던 중 술에 취해 발로 E의 무릎을 2회 차고, 위 F을 벽으로 밀친 뒤 왼손을 들어 때릴 듯이 위협하고, 다시 발로 E의 다리를 1회 걷어찼다.

As a result, the defendant committed violence to the fire fighters, interfered with first aid activities, and at the same time interfered with the legitimate execution of duties by fire fighting officers on the handling of 119 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective Acts and subordinate statutes of E and F;

1. Article 50 subparagraph 1 (c) and Article 16 (2) of the Framework Act on Fire Services (including violence against fire fighters, thereby obstructing emergency medical services activities) on criminal facts under the relevant provisions of the Act, and Article 136 (1) of each Criminal Act (a point interfering with the performance of official duties);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (interpreting a violation of the Framework Act on Fire-Fighting as indicated in the holding, interpreting a violation of the Framework Act on Fire-Fighting in the judgment, interpreting a violation of the Framework Act on Fire-Fighting in the judgment, and interference with the execution of official duties, interpreting a violation of the Framework Act on Fire-Fighting in the judgment F, and interference

1. Selection of imprisonment with prison labor chosen;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for statutory mitigation (not mental or physical weakness due to the main employment);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the fact that there was no criminal record exceeding the fine for the last thirty years, the fact that there was no criminal record for the last fifteen years, and the fact that there was no criminal record for the same kind

1. The Defendant and his defense counsel asserted that the Defendant was in a state of mental and physical loss under the influence of alcohol at the time of the instant crime. However, in light of the evidence adopted and examined by the instant court, it is deemed that the Defendant was in a state of mental and physical loss.