A defendant shall be punished by imprisonment for not less than eight 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

around 02:50 on July 20, 2018, the Defendant was under the influence of alcohol in front of “D” located in Jung-gu Incheon Metropolitan City C.

그에 따라 사람이 누워 있다는 119 신고를 받고 출동한 인천 중부 소방서 119 구급 대 소속 E 소방위가 피고인의 목 아래 부위를 눌러 마사지를 하면서 피고인을 깨우려 하자, 피고인은 E를 향하여 “ 씨 발 누가 만졌어 ”라고 소리치며 발로 E의 팔 부위를 걷어찼다.

Then, the Defendant was asked from the head of G police box belonging to the Incheon Central Police Station F police box to the same purport that he did not assault the first-aid crew member, who was dispatched after receiving a report 112 to the same purport, and the Defendant assaulted the snow part of G by making it a drinking once.

Accordingly, the defendant has performed his duties on the 119 report by fire officers and performed his legitimate duties on the 112 report by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. Obstruction of performance of official duties in a report;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account, etc.):

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Type 1 (Obstruction of Performance of Official Duties and Compelling of Duties) in the basic area (six months to one year and six months) (a person who is subject to special sentencing) of the first offense (the scope of a recommended punishment).

2. Type 1 (Obstruction of Performance of Official Duties and Compelling of Duties) in the mitigated area (one month to eight months) (special mitigated persons) (one type, one type, and a serious injury has occurred) in the Regulatory Area) of crimes No. 2 (Scope of Recommendations).

3. The scope of final sentence due to the aggravation of multiple offenses: Six months to one year.

4. The attitude of investigation by the investigative agency for the decision of sentence was defective, but the damaged emergency medical service crew members do not want punishment against the defendant, although they were subject to the investigation by the investigative agency for the decision of sentence, and they do not want to be punished.