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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On January 25, 2017, the Defendant was sentenced to a suspended sentence of one year, who was sentenced to imprisonment for an injury at the Busan District Court, and the judgment became final and conclusive on February 2, 2017.
No person shall interfere with rescue, transfer, first aid, or medical treatment of an emergency patient by assault, threat, deception, force, or any other means of emergency medical personnel.
On March 14, 2018, around 05:48, the Defendant: (a) in the C Hospital emergency room located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu; (b) obstructed the treatment of the victim’s emergency patients by assaulting the victim’s arms by spreading the victim’s arms and driving the victim’s neck on his hand; and (c) obstructing the victim’s medical treatment.
Summary of Evidence
1. Part of the police investigation protocol concerning the accused;
1. Statement of D police statement;
1. A investigative report (CCTV image analysis);
1. Application of the photographic Acts and subordinate statutes;
1. The case of assaulting emergency medical personnel under Article 60(1)1 and Article 12 of the former Emergency Medical Service Act (amended by Act No. 16252, Jan. 15, 2019); the Defendant’s reason for sentencing of sentence of imprisonment with labor is the case of assaulting an emergency medical personnel under the influence of alcohol; the exercise of violence against emergency medical personnel is not only the relevant employee’s damage, but also the relevant employee’s grave harm to the life and body of emergency patients in need of urgent response; the offense is not shown; the victim’s effort to take advantage of his/her life and body; the Defendant committed the offense during the suspension of execution after having been sentenced to a suspended sentence of imprisonment with labor due to the crime of injury; the Defendant committed the offense during the suspension of execution; the Defendant’s age, character, means and consequence; the past criminal records; the details of statements made to investigation agencies; and the circumstances before and after the crime.