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A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall obstruct fire brigade's fire extinguishment, lifesaving, first-aid services or other fire-fighting activities by using violence or intimidation to fire fighters without justifiable grounds.
Nevertheless, at around 21:35 on July 5, 2016, the Defendant sent the victim's face by drinking to the fire-fighting bridge victim D(37 years of age) belonging to the fire-fighting boat that moves to work for the patient and carrying the patient into the first-aid vehicle, and when the victim's bridge was sent one time due to the outbreak.
As a result, the Defendant committed violence to fire fighters dispatched for emergency medical services, thereby obstructing their fire-fighting activities, and at the same time, inflicted an injury on the victim, such as climatic dump, which requires approximately three weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning E and F;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Relevant Articles 50 subparagraph 1 (c), 16 (2) (a point of obstructing fire fighters and emergency medical services), and 257 (1) of the Criminal Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences and the choice of punishment;
1. The reason for sentencing under Article 62(1)(hereinafter referred to as the following favorable circumstances) of the Criminal Act was to inflict an injury upon the fire fighter in the course of performing emergency medical services of the patient.
This act is a significant infringement on the first-aid service duty that should be done promptly, and its responsibility is significant in that it may result in a significant result to the patient.
On the other hand, the fact of crime is recognized and wrong.
There has been a written application from the neighboring person that he was in the front line.
In addition, it is also recognized that the history of criminal punishment is not confirmed.
In full view of the above circumstances and other circumstances, the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions as shown in the instant pleadings.