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(영문) 의정부지방법원 고양지원 2015.02.12 2014고단2576
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the execution of the above punishment shall be suspended for two years from the date the above judgment becomes final.

Reasons

Punishment of the crime

1. No person who violates Emergency Medical Services Act shall interfere with the first aid or medical treatment of an emergency patient by means of violence, intimidation, deceptive scheme, threat or other means of force;

On October 9, 2014, around 19:50, the Defendant sent the case to an emergency room in Goyang-gu C Hospital B located in Goyangyang-si B, and the consciousness was restored after being delivered to an emergency room, the Defendant, without any reason, obstructed the Defendant’s duties of first-aid treatment or treatment for the emergency patients and the nurses by avoiding the disturbance, along with a prudent bitch bitch bitch bitch bitch bitch bitch, etc.

As a result, the defendant interfered with emergency medical personnel's first aid and treatment of emergency patients.

2. In the temporary location of the preceding paragraph, on the ground that the victim D (25 years of age) who is a security guard of the above C Hospital was prevented from wearing the Defendant’s scam, such as the preceding paragraph, the injured Defendant committed a complete escape from the face value of the victim for about 28 days to the victim at least three times, and the victim’s face value was cut off for about 28 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A medical certificate;

1. Photographs of damaged part of the victim;

1. Application of Acts and subordinate statutes to investigation reports (in charge and in the emergency room ctv investigation);

1. Relevant statutory provisions Article 257(1) of the Criminal Act (the point of injury), Article 60(1)1 and Article 12 of the former Emergency Medical Service Act (amended by Act No. 13106, Jan. 28, 2015) concerning criminal facts, and choice of imprisonment, respectively.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act not only interfered with emergency medical services by avoiding disturbance, but also resulting in serious injury, such as escaping from or extinguishing three victims, at prices, after being sent to an emergency room, when the food was recovered.

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