A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years 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.

Nevertheless, at around 23:15 on April 21, 2019, the Defendant expressed a bath to the victim D (the age of 36) working as nurse in an emergency room on the ground that the medical treatment in the C Hospital emergency room located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, did not seem to be considered, and the Defendant abused the victim's hand to restrain it at his/her left knife at one time.

Accordingly, the defendant interfered with the medical treatment of emergency medical personnel for emergency patients.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Report on internal investigation (on-site visit victims and persons concerned, hearing statements and CCTV perusal);

1. Application of the CD-related Acts and subordinate statutes that duplicate CCTV images;

1. Relevant Article on crimes and Articles 60 (2) 1 and 12 of the Emergency Medical Service Act concerning the Selection of Penalties;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2(1) of the Criminal Act for probation and community service order is deemed to have committed an assault against an emergency nurse in an emergency room without any particular reason. The assault against emergency medical personnel is likely to cause damage to other patients in an emergency situation, and even if the defendant had been already punished several times for violent crimes, the nature and circumstances of the crime of this case are not weak.

However, it does not focus on the degree of interference with violence and emergency medical services, and the accused recognizes the crime and reflects the mistake.

In addition to these various circumstances, in consideration of the age, character, conduct and environment of the defendant, motive and consequence of the crime, circumstances revealed in the records and pleadings, etc., the sentence like the order shall be determined and the execution thereof shall be suspended, but the recidivism shall be suspended.