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(영문) 울산지방법원 2019.05.07 2018고단3368
응급의료에관한법률위반등
Text

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

However, 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 Emergency Medical Services 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 of force or other means;

Nevertheless, at around 01:30 on August 30, 2018, the Defendant was receiving treatment from the victim D, who is a medical specialist in the emergency room in Ulsan-gu C Hospital B, Ulsan-gu, and without any special reason, performed a disturbance for about 40 minutes for the victim, such as “Ig, grh, chrop, chrop chrop chrop chrop”, “Igh, chrop chrop, chrop chrop.,” and continued to run a cell phone, and going back to the emergency room, and committing a disturbance for about 40 minutes.

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

2. On August 30, 2018, the Defendant: (a) arrested a slope F, etc. belonging to the Ulsan Central Police Station E District E District, etc. as an act indicated in the foregoing paragraph (1); and (b) took a bath to the above F, who was around the Ulsan Central District E District G located in Ulsan-gu, Ulsan-gu, the Defendant used the bath to read “this Chewing sarwres”; and (c) assaulted the said F’s arms by hand, saring them, and sarbling them.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of police officers in the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, D, and H;

1. A written statement of I and J;

1. Each investigation report (the sequence 16, 19 of the evidence list);

1. Report 112 case handling table; and

1. Application of Acts and subordinate statutes of each photograph (Evidence Nos. 17,20)

1. Relevant Article on criminal facts, Articles 60(1)1 and 12 of the former Emergency Medical Service Act (Amended by Act No. 16252, Jan. 15, 2019); Article 136(1) of the Criminal Act; and the choice of imprisonment, respectively,

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

1. The suspended sentence under Article 62(1) of the Criminal Act is the following sentence.

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