A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

No person shall interfere with 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.

At around 19:30 on March 7, 2020, the Defendant: (a) sent back to the Seoul Hospital located in Gwangju-gu, Gwangju-gu, with 119 first-aid vehicle on the ground of salinal injury, and entered the emergency room of the said hospital to identify whether he is a cona or 19 patient; (b) requested the nurse D belonging to the said hospital to have a physical temperature measurement conducted to identify whether he is a crona or 19 patient; and (c) interfered with the medical treatment of emergency medical personnel by force, such as taking a large bath to the said nurse and avoiding disturbance.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement E and the police statement of D;

1. Article 60 (2) 1 and Article 12 of the Emergency Medical Service Act concerning criminal facts and the choice of punishment, and the choice of imprisonment;

1. The reason for the suspended sentence of punishment under Article 62(1) of the Criminal Act is that the instant crime undermines the order of an emergency medical institution that provides medical services to emergency patients and interferes with the diagnosis and treatment by emergency medical personnel, and thus is highly likely to be socially criticized.

There are many records that defendants were punished for violent crimes.

However, considering the fact that the defendant recognizes his mistake and reflects the fact that the degree of interference with the medical treatment of the victimized nurse is not heavy, the sentencing factors favorable to the defendant shall be considered, and the punishment shall be determined as ordered in consideration of the defendant's age, character and behavior, environment, motive, means and method of the crime, results and the circumstances after the crime, health conditions, etc., as a whole.