A defendant shall be punished by imprisonment for six 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

No person shall obstruct a fire fighter in the performance of his/her fire extinguishment, lifesaving or first-aid services by assaulting or threatening him/her without justifiable grounds.

그럼에도 불구하고 피고인은 2020. 4. 3. 18:56경 서울 도봉구 B에 있는 ‘C 도봉산점’에서, ‘남, 쓰러짐, 의식유’라는 취지의 119신고를 받고 출동한 서울도봉소방서 D119안전센터 소속 구급대원 소방교 E(남, 42세)이 쓰러져 있는 환자 F(남, 52세)을 발견하고 응급처치를 하던 중, E에게 “씨발놈아, 냅둬”, “한 번만 더 그러면(환자에게 손대면) 죽여버린다”고 위협을 하며 오른손으로 E의 왼쪽 얼굴을 1회 밀어 폭행하였다.

Accordingly, the Defendant interfered with emergency medical services by using intimidation and assault to fire fighters dispatched without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A victim's statement (E), and a witness's statement;

1. Emergency medical services log;

1. Application of Acts and subordinate statutes of a criminal investigation report (wabbl campaign image analysis), recording record, etc.;

1. Relevant Articles 50 and 50 subparagraph 1 (c) and 16 (2) of the Framework Act on Fire Services, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case with the reason of sentencing under Article 62-2 of the Criminal Code of the community service order was committed by the fire fighter dispatched for emergency medical services and the nature of the crime is not good.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the fact that the defendant recognized the crime and commits a mistake, the degree of assault is relatively excessive, the defendant has no record of the same crime, the defendant has no record of the crime, and other various sentencing conditions specified in the records and arguments, such as the defendant's age, occupation, character and conduct, environment, health conditions, circumstances before and after the crime, etc.