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(영문) 전주지방법원 남원지원 2019.01.29 2018고단272
특수상해미수등
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A defendant shall be punished by imprisonment for not less than one year and six months.

Seized knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On May 31, 2016, the Defendant was sentenced to one year of imprisonment for special injury in the Gwangju District Court’s net support, and completed the execution of the sentence on November 30, 2017.

【Criminal Facts】

No person shall interfere with rescue, transfer, emergency measures or medical treatment of emergency patients by emergency medical personnel by means of violence, intimidation, threat, force or other means.

On December 5, 2018, around 02:54 on December 5, 2018, the Defendant was able to receive medical treatment from the emergency medical doctor D (the age of 40) who is the victim after being inside the C Hospital emergency department located in C Hospital B in South Won-si.

At around 03:15 on the same day, the Defendant, who analyzed the result of the CT photographing against the Defendant, talked that the Defendant was “the panty,” but the Defendant heard from the victim the statement that “I will see why I will see?” the Defendant was in his possession, and knife the knife (the knife length 20cm, the knife length 9cm, the knife No. 1) of the dangerous thing that the Defendant was in possession, and tried to have the victim’s body part of the victim’s body, but the victim was not in the wind to avoid it.

As a result, the defendant interfered with the treatment of emergency patients by emergency medical personnel, while carrying dangerous objects and attempted to inflict an injury on the victim, but failed to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police seizure records;

1. CCTV-cap photographs;

1. Investigation report (to hear D phone statements from the victim);

1. Previous records of judgment: Criminal records, inquiry reports, court rulings, and the application of Acts and subordinate statutes on the current status of confinement by individuals;

1. Articles 258-2 (3) and (1), 257 (1) (a) of the Criminal Act, and Articles 60 (1) 1 and 12 of the former Emergency Medical Service Act (Amended by Act No. 16252, Jan. 15, 2019) concerning facts constituting an offense;

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

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