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(영문) 대전지방법원 공주지원 2021.02.09 2020고단562
119구조ㆍ구급에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

No person charged with a crime shall interfere with the activities of rescue and emergency treatment of rescue and emergency teams.

On November 6, 2020, the Defendant: (a) around 22:23, 2020, at the Gongju-si B, “the people are written in the aftermath of C”; and (b) assaulted the Defendant on the left side of the above E with a sudden back of the 119 first-aid service personnel E, and first-aid service personnel F, and first-aid service personnel G, who were called to the scene after receiving a report on 119 first-aid service; and (c) attempted to bring about a dispute between the Defendant and the non-reported person who is under influence of alcohol and bring about the Defendant.

Accordingly, the defendant interfered with rescue and emergency medical services activities of rescue and emergency medical services teams.

Summary of Evidence

1. The defendant asserts to the effect that there was no intention to assault the emergency medical service crew since the defendant's failure to display his/her name to the reporter, the defendant and his/her defense counsel met with the head of the waterway emergency medical service crew, and therefore there was no intention to assault the emergency medical service crew.

However, in full view of the following circumstances acknowledged by the above evidence, namely, that at the time of the crime of this case, the members of the first-aid services were considerably closely attached while speaking the Defendant and the reporter’s fighting. Nevertheless, the Defendant committed drinking even though he was aware that the Defendant could face with the members of the second-aid services, taking into account the following circumstances: (a) the members of the first-aid services were boomed with drinking and prices the reporter, and (b) the head of the first-aid services was frightened with drinking and drinking; and (c) the Defendant committed assaulting the first-aid services crew members.

Since it is reasonable to see that the intention to assault the first-aid crew is sufficiently recognized.

Therefore, we cannot accept the argument of the defendant and his defense counsel)

Application of Statutes

1. Relevant legal provisions and Articles 28 and 13(2) of the Act on Rescue and Emergency Medical Services concerning criminal facts (excluding punishment).

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