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(영문) 대구지방법원포항지원 2020.12.10 2020고단1326
응급의료에관한법률위반
Text

The punishment of the accused shall be eight months by imprisonment.

However, the above sentence shall be executed 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.

At around 20:00 on July 1, 2020, the Defendant assaulted the victim D (the age of 23) who is an emergency medical technician at one time on the left-hand face of the victim without any particular reason when the victim D (the age of 23) tried to disinfect the face of the defendant's face, and without any particular reason when the victim D (the age of 23) tried to disinfect the face of the patient's face.

Accordingly, the Defendant interfered with the victim's emergency medical treatment by assault and force.

Summary of Evidence

1. Defendant's legal statement;

1. A written diagnosis of the police statement of D;

1. Application of the photographic Acts and subordinate statutes;

1. Article 60 (2) 1 and Article 12 of the Act on the pertinent Article of the Act on Criminal Crimes and the Emergency Medical Service for the Selection of Punishment [In light of the fact that there exists the history and method of imprisonment, the fact that the victim did not receive any application from the victim, and that there has been the history of punishing five times the suspension of execution for crimes of violence and interference with

1. Article 62 (1) of the Criminal Act on the stay of execution (Calculation into the facts that a person commits an error, an contingent crime, and a person who has no record of punishment heavier than that of imprisonment with prison labor);

1. Article 62-2 of the Criminal Act concerning probation or order to attend a lecture;

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