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(영문) 서울서부지방법원 2014.02.05 2013고단3295
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. Around November 23, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury, etc. with a deadly weapon, etc.) suffered approximately 20 meters of the head part of the body part where the number of days of treatment cannot be known to the victim, on the ground that the victim E (nives, 56 years of age) was late at the time of promise, and that the victim E (nives, 56 years of age) was at the “D” restaurant located in Seodaemun-gu Seoul Metropolitan Government, Seodaemun-gu, Seoul.

2. Although a person violating the Emergency Medical Service Act does not interfere with emergency medical personnel’s rescue, transfer, first aid, or medical treatment for an emergency patient, the Defendant interfered with emergency treatment by force on November 23, 2013 at the G Hospital Emergency Service Center located in Seodaemun-gu Seoul, Seoul, by: (a) around 21:50, the Defendant: (b) at the G Hospital Emergency Center located in F of Seodaemun-gu, Seoul; (c) on the part of the said patient, the nurse of the said hospital, who seeks to verify the upper part of the emergency room for the emergency treatment of E, which was escorted by the Defendant to the emergency room; and (d) on the part of the said patient, the said patient’s wall was sealed by RoI; and (d) the Defendant’s wall h was laid off to the floor of the medical room at which the Defendant was faced with H, thereby interfering with emergency treatment by force.

3. Around November 23, 2013, the Defendant insultingd the victimJ by openly citing the victim J, “Isson, Isson’s police officer, and Isson’s police officer,” who is a police officer belonging to the Seoul Western Police Station Isson, called “Isson, Isson’s police officer, Isson, and Isson’s police officer,” who was called the victimJ to “Isson, Isson’s police officer,” who was called the victimJ in front of the said G Hospital on November 23, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement to J, E, and H;

1. Application of Acts and subordinate statutes to investigation reports and odor photographs;

1. Articles 3(1) and 2(1)3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257(1) of the Criminal Act; Articles 60(1)1 and 12 of the Emergency Medical Service Act; the Criminal Act

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