소방공무원에 대한 공무집행방해 규제법률과 구성요건 및 죄수 - 창원지방법원 2017. 11. 15. 선고 2017노1955 판결 -

The judgment decided that an assault on a fire-fighting officer right after the completion of emergency medical activities could not be punished by the Fire Officers Act or Act on 119 Rescue and Emergency Medical Services and would be punished as an obstruction of justice in criminal law. This judgment is meaningful in that all three acts were reviewed as the prosecution’s request for modification of an indictment was accepted. It, however, remained silent about the relationship among the applicable acts and the scope of their application. This study aimed to do specific legal interpretations regarding acts, components, and prisoners not covered in previous studies in the obstruction of fire-fighting officers’ performance of their official duties. Based on the judgment above, the study first compared and analyzed three laws applicable to the obstruction cases of fire-fighting officers’ performance of official duties and made an attempt at interpreting their components. The study then reviewed their mutual relations, categorized them according to the number of cases in applicable laws, and additionally examined the prisoner issues. These legal interpretations suggest that the judgment above provided interpretations loyal to the principle of definiteness under the principle of legality. It will be, however, valid to apply the prisoners of the type of event raised as an issue in the judgment as imaginative concurrence of crimes. The justice department needs to check the unconstitutionality of Act on 119 Rescue and Emergency Medical Services with an unconstitutionality request.