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(영문) 서울북부지방법원 2016.03.24 2015고단2878
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall interfere with emergency rescue and emergency treatment or medical treatment of emergency patients by persons engaged in emergency medical services by means of violence, intimidation, deceptive scheme, force or other means.

On December 9, 2015, around 22:55, the Defendant, at the D University located in Jongno-gu Seoul Metropolitan Government, and the emergency room of university hospital in Jongno-gu, Seoul, caused injuries to the left side and caused them to be delivered to the Defendant.

At this time, the nurse E in the emergency room of the above hospital was asked about the personal information and status by the nurse E, and the defendant constantly expressed the above E and the security personnel of the hospital with a large amount of desire, and the above E was sealed by the knife and the knife the knife.

Accordingly, the Defendant interfered with emergency medical treatment for emergency patients by assault and force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of E;

1. Article 60 (1) 1 and Article 12 of the Emergency Medical Service Act concerning facts constituting an offense;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act in the custody of the workhouses are that the act of the accused committed assault against those engaged in emergency medical services and thus, is highly likely to be socially criticized because it is highly dangerous to prevent and delay the treatment of emergency patients, thereby causing serious damage to their lives and bodies.

However, considering favorable circumstances, such as the Defendant’s recognition of the instant crime and reflects his mistake, the Defendant’s primary offender who has no record of criminal punishment, etc., the Defendant’s age, environment, background leading to the instant crime, circumstances after the instant crime, etc., and the conditions of various sentencing, such as the following circumstances, shall be comprehensively considered to determine the punishment as ordered.

The acquittal portion

1. Summary of the facts charged

A. On July 3, 2015, around 08:20 on July 3, 2015, the Defendant was boarding the subway prior to the subway station operated from the subway G station of subway No. 6 to H station of the subway station in Seongbuk-gu Seoul, Seoul, and the Defendant’s gender attached even after the victim I (V, 25 years old) in front of the Defendant.

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