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.

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;

On August 16, 2019, at around 22:45, the Defendant: (a) stated that the nurse D in an emergency department in the C Hospital in an emergency room in Busan Metropolitan City B, would take a test of the blood pressure of the Defendant in a traffic accident; (b) stated D’s desire to take a bath at the emergency room in a defective emergency room in order to measure the blood pressure of the Defendant; and (c) stated D’s head one time as drinking at D’s head; and (d) around 22:53 of the same day, the Defendant took a bath to E in an emergency room in which the Defendant was moved to a simple bed to take a CT photograph before the video department in the above hospital; and (e) assaulted E’s head twice.

As a result, the Defendant interfered with the first aid or treatment of emergency patients by emergency medical personnel, and at the same time, inflicted injury on the victim D (the age of 25) about two weeks such as salt, tension, etc.

2. On August 16, 2019, the Defendant of the obstruction of performance of official duties: (a) around 23:18, at the above hospital CTgraphing room, reported that a host person was at the time of a doctor’s or nurse, and called “abscison to move to an emergency room,” and (b) the police officer belonging to the F District of the Busan Police Station F District called “abscon to move to an emergency room,” sent at one time the direction to the right side of G with his/her finger hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of police officers' lives, bodies and property, prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A written statement of E, D, and H;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 60 (2) 1 and 12 of the Act on the Emergency Medical Service for Article 60 of the relevant Act on Criminal Facts, Articles 257 (1) and 136 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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