응급의료에관한법률위반
A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
No person shall interfere with the rescue, transfer, first aid, or medical treatment of an emergency patient by emergency medical personnel, or destroy, damage, or occupy medical facilities, equipment, medicines, or other objects for emergency medical services by a medical institution, etc.
Nevertheless, at around 22:30 on October 19, 2019, the Defendant took a bath for the Defendant’s spouse D, who had been in the above emergency room, on the ground that the Defendant drinking alcohol together with the Defendant, lost his mind, and the emergency measures against the Defendant’s spouse D were not promptly taken, and the Defendant was unable to avoid disturbance for about 20 minutes, such as interfering with face-to-face medical treatment by interfering with the nurse and doctor’s body working in the emergency room.
Accordingly, the defendant interfered with the treatment of emergency medical personnel for emergency patients by force.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to investigation reports (related to CCTV images in the emergency room of a C hospital);
1. Relevant Article on crimes and Articles 60 (2) 1 and 12 of the Emergency Medical Service Act concerning the Selection of Penalties;
1. The reason for sentencing under Article 62(1) of the Criminal Act is that the case is highly likely to be subject to criticism by interfering with the normal operation of emergency medical facilities and the medical practice of relevant medical professionals.
However, in light of the fact that the defendant reflects the crime, and the emergency situation against his spouse is deemed to have lost judgment and self-determination, and to have caused the crime of this case, considering the favorable circumstances that did not have the same criminal history, the punishment was determined as ordered by comprehensively taking into account all the factors of sentencing indicated in the record, such as the defendant’s age, character and conduct, environment, family relationship, circumstances after the crime, and circumstances after the crime.