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(영문) 제주지방법원 2015.10.15.선고 2015고단1153 판결
응급의료에관한법률위반,업무방해,폭행,경범죄·처벌법위반
Cases

2015 highest 1153 Emergency Medical Service Act, interference with business, violence, light crime

Punishment Act Violation

Defendant

○○ (1968years) and daily labor

Prosecutor

Red tin (prosecutions) and stuffed iron (trials)

Defense Counsel

Attorney Han-soo (National Election)

Imposition of Judgment

October 15, 2015

Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of 200,000 won.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Facts of crime

On June 27, 2014, the Defendant was sentenced to eight months of imprisonment for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Jeju District Court (a violation of the Punishment of Violences, etc. Act) and completed the execution of the sentence in the Jeju Prison on May 16, 2015.

1. Interference with business;

On July 11, 2015: around 30, the Defendant obstructed the victim’s restaurant business by force by: (a) preventing the victim from having access to the restaurant; (b) obstructing the victim from having access to the restaurant at the victim’s △△△△△△△△ located in Jeju; (c) preventing the victim from having access to the restaurant; and (d) taking the victim’s 10 minutes back to the restaurant; and (e) taking the victim’s bath in large interest.

2. Violation of Emergency Medical Treatment Act;

On July 18, 2015: the Defendant, at around 30:30, sent to the emergency department of the B hospital located in Jeju, received treatment after being transmitted to the hospital located in the vicinity of the 119-class sudden lane in the influence of alcohol, and then, ○○○ (the age of 50) the doctor in charge (the age of 50) called the Defendant’s explanation to the nurse in charge that the Defendant is not an emergency patient, took a brud, and taken an brud, and the Defendant was selected from the nurse in charge, and the Defendant “this boo, internal, and internal, is not an emergency patient.” The Defendant interfered with emergency medical treatment, such as first aid, etc., of emergency medical personnel by force by avoiding a disturbance for about five minutes

3. Violence;

On July 23, 2015: around 05, the Defendant 1: (a) 04: around 05, the Defendant 1: (b) walked to the victim Kim ○○ (the 56 years old) who was making drinking at 10-lane 10, Jeju-si Manyang-si, and her drinking at the event before the Jeju Viewing, and her drinking at the time without any particular reason; (c) made the above victim’s neck by hand; (d) made the above victim’s breast part of drinking; (e) made the victim’s breast part of drinking; (e) 26 years old; and (e) 27 years old; and (e) made the victim’s ○○○○ (the 27 years old) and the victim’s senior ○○ (the 27 years old); and (e) obstructed the victim’s chest part of the victim’s upper ○○ by hand.

4. Violation of the Punishment of Minor Offenses Act;

On August 23, 2015: Around 30, the Defendant expressed a desire to receive a request for returning home from a police officer under his/her control for a drunk reason of alcohol from the Southern East Police Station, Jeju-ro, Jeju-do, Jeju-do, Police Station, and then “to view it for viewing.” At the end of the first floor of the main gun team, the Defendant, while under his/her influence of alcohol due to a rioting of a very rough and disorderly words or conducts at a public office.

Summary of Evidence

Omission

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 314 (1) (Interference with Business, Selection of Imprisonment, Selection of Imprisonment), Article 60 (1) 1, Article 12 (Interference with Emergency Medical Service Act, Selection of Imprisonment), Article 260 (1) of each Criminal Act, Article 3 (3) 1 of the Punishment of Minor Offenses Act (Article 3 (1) of the Punishment of Minor Offenses Act (Article 3 (3) 1 of the Punishment of Minor Offenses Act)

1. Aggravation for repeated crimes;

Article 35 (Crime of Interference with Business, Violation of Emergency Medical Services Act, and Assaults)

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Considering the fact that: (a) the reason for sentencing under Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) a criminal defendant was sentenced to imprisonment for eight months due to a dangerous act of carrying or threatening a dangerous object; and (b) the criminal defendant committed each of the instant crimes during the period of repeated crimes for which two months have not passed after the execution of the sentence was completed; and (c) the criminal defendant was punished by a fine for violent crimes or by imprisonment for several times, in addition to the criminal record of the above repeated crime, there are several records

On the other hand, considering the favorable circumstances in which the defendant recognized all criminal facts and reflected the wrong facts, and considering all of the sentencing conditions, such as the defendant's age, character and conduct, environment, circumstances of the crime, means and results, etc., the punishment as ordered shall be determined.

Judges

Judges Jeong-hee

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