The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

1. The main point of the grounds for appeal is that the lower court’s punishment (6 million won in penalty) is too unhued and unreasonable.

2. The fact that the Defendant recognized each of the facts charged in this case and divided his mistake, and that the doctor E and nurse F, the other party to the obstruction of the emergency medical service in this case, wanting to take the Defendant’s wife against the Defendant is favorable to the Defendant.

On the other hand, the following facts are disadvantageous to the defendant.

The Defendant had a record of criminal punishment for violent crime several times, and, in particular, the Defendant committed the crime of non-licensed and drunk driving without permission during the suspension of execution due to violent crime, and was punished by a fine, and again committed the crime of this case without being aware of it.

However, the Defendant did not agree with the victim of interference with the instant work and the victims of insult, and did not receive a letter of apology from the victims.

The crime of interference with emergency medical services in this case may cause serious harm to the life or body of an emergency patient, and thus, the nature of the crime is not weak.

In addition, in full view of various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, etc., the sentence imposed by the court below is too uneasible and unfair.

Therefore, the prosecutor's improper argument of sentencing is justified.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Each of Articles 60(1)1 and 12 of the Emergency Medical Service Act concerning facts constituting an offense, Article 311 of the Criminal Act, and Article 314(1) of the same Act, respectively, and imprisonment with prison labor.