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A defendant shall be punished by imprisonment for six 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
No person 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, force, or other means, or destroy, damage, or occupy medical facilities, equipment, medicines, or other objects for emergency medical services provided by a medical institution, etc.
그럼에도 불구하고 피고인은 2014. 5. 25. 00:50경 대구 중구 동덕로 130 (삼덕동2가) 경북대학교병원 응급실에서 회사동료의 어머니가 입원할 수 있는 병실을 요구하였으나 자신의 요구가 받아들여지지 않자 응급실 내에서 다른 응급 환자를 진료하던 의사인 피해자 B(33세)의 앞을 가로 막으며 ‘씨발놈들 다 죽여버린다. 머리통을 부숴버린다. 밖에서 만나면 가만 안둔다’라며 큰 소리로 협박하고, 계속하여 응급실에 있는 당직표 플라스틱판을 바닥에 집어 던지는 등 소란을 피웠다.
Accordingly, the Defendant interfered with emergency medical services by force within the emergency room of the Ganbuk University Hospital.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of the police statement concerning B;
1. Application of the photographic Acts and subordinate statutes;
1. Articles 60 (1) 1 and 12 of the Emergency Medical Service Act on criminal facts;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant was punished as violent crimes, and the act of obstructing emergency medical services may cause serious harm to the life or body of an emergency patient. However, the nature of the crime is that the defendant's mistake is divided and the treatment of the collision adjustment disorder is in progress, the specific danger is not caused by the crime of this case, and the defendant's age, character and behavior, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc. are shown in oral arguments, such as circumstances after the crime.