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(영문) 대구지방법원 2017.10.31 2017고단4784
119구조ㆍ구급에관한법률위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On August 12, 2017, at around 03:40 on August 12, 2017, the Defendant: (a) dispatched a food collection box to C from the 119 first aid crew members dispatched to give emergency treatment to the Defendant who was taken care of in front of Daegu-gu B, Daegu-gu; and (b) abused the Defendant without any reason.

Accordingly, the defendant interfered with the legitimate emergency medical service activities of 119 emergency medical service personnel.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. A detailed statement of the processing of reported cases, and a report on dispatch to the site of a incident interfering with the performance of official duties;

1. Investigation report - Status of control progress by emergency rescue, investigation report - prohibition of emergency rescue activities, application of evidence photographing statutes;

1. Relevant legal provisions concerning criminal facts, Articles 28 and 13(2) of the Act on Rescue and Emergency Medical Services, and selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act does not seem to be a crime committed by the Defendant with assaulting the first-aid crew who is engaged in rescue activities. However, it is not good that the Defendant has no same military power or force, recognized the crime and reflects the Defendant, compensated for the damage and agreed with the damaged first-aid staff, and other conditions of sentencing such as the Defendant’s age, sex behavior, family relation, criminal history, circumstances of this case, and the progress thereafter, shall be determined by comprehensively taking account of the following factors.

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