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(영문) 대전지방법원 2020.04.16 2019고단5031

119구조ㆍ구급에관한법률위반등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall interfere with rescue operations and emergency medical services activities of an emergency medical service worker without justifiable grounds.

Nevertheless, around October 5, 2019, the Defendant, at around 23:14, 2019, sent to the Dong-gu B apartment, Cdong, and on the front of the Daejeon Dong-dong, Daejeon Fire Station E, a local fire fighting assistant belonging to the Daejeon Dong-dong, Daejeon Fire Fighting Force, which called the "human being", recommended the transfer of the defendant to the hospital, and refused to leave the hospital, and assault the above E's chest to the left hand.

As a result, the defendant interfered with rescue operations and emergency medical services of 119 first aid workers dispatched without justifiable grounds, and at the same time interfered with legitimate performance of duties concerning rescue operations and emergency medical services of fire officers

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of the Acts and subordinate statutes on violence pages and public officials' documentary evidence copies, work logs of the D Safety Center, and black boxes video CDs;

1. Articles 28, 13 (2) (a point of obstructing rescue operations and emergency medical services) and 136 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on a person who violates the 119 Rescue and Emergency Medical Services Act heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for not more than five years;

2. When considering the circumstances favorable to the defendant, that the defendant was assaulting the 119 first responder who performed rescue operations and emergency medical services with him/her, or that the extent of assault against the first responder is not more severe, that the defendant was a first responder who has no record of criminal punishment, that the defendant was recognized as having committed the instant crime, and that he/she is against himself/herself, the defendant's age, character and behavior, environment, motive, means and consequence of the instant crime.