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(영문) 서울중앙지방법원 2016.11.17 2016고단7268
응급의료에관한법률위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. No person who violates the Emergency Medical Service Act shall interfere with the rescue, transfer, first-aid or medical treatment of an emergency patient by emergency medical personnel by means of violence, intimidation, deceptive scheme, threat or other means, or destroy, damage or occupy medical facilities, equipment, and medicines for emergency medical services of a medical institution, etc.;

Nevertheless, around 08:05 on October 5, 2016, the Defendant was unable to 25 minutes of the disturbance, such as “I am arbits arbits arbits arbits arbits son, arbits son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son.”

Accordingly, the defendant interfered with first aid and treatment for emergency patients F of emergency patients.

2. The Defendant committed an assault, such as the date and time set forth in paragraph (1), and at the place of the performance of official duties, when he was reported that there was a person who frighting the frightal failure in an emergency room, and when he was dispatched to the scene, the G of the Seoul Dongjak Police Station called “packer must go to fright, schip fright,” and assaulted the Defendant, i.e., when the frightal face of G was taken one time, and when the fright of the frightal face of G was taken one time by the left hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each statement of H and F;

1. A photograph of damage and a diagnosis report;

1. Application of Acts and subordinate statutes to investigation reports (CCTV and mobile phone image recording analysis);

1. Relevant Article of the Act on Criminal Facts and Article 60 (1) 1 and Article 12 of the Emergency Medical Service Act, Article 136 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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