20 Highest 3167 Injury, Emergency Medical Service Act

Cumulative Offense, 68 Years, South, and North

Residential Ulsan

The delay of gambling (prosecutions) and Kim Shee-jin (public trial)

Attorney Park Jong-soo (Korean National Assembly)

October 16, 2020

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Criminal History Office

【Criminal Power】

On February 20, 2018, the Defendant was sentenced to imprisonment with prison labor for obstruction of performance of official duties, etc. by the Ulsan District Court, and on October 30, 2018, the Defendant completed the execution of the sentence in the port prison.

【Criminal Facts】

1. Violation of Emergency Medical Services Act;

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, threat, or other means.

Nevertheless, at around 23:20 on June 22, 2019, the Defendant appealed to the emergency medical doctor of the Ulsan National University Hospital located in the Ulsan National University Hospital, Ulsan-gu, Ulsan-gu, 8777, and obstructed the treatment of the victim, who is an emergency medical personnel, by force, on the ground that the victim’s appeal to the victim 1 (mast, South and forty) who is an emergency medical doctor was not promptly treated. However, on the ground that the victim’s appeal was not promptly treated, the victim’s treatment was considered as being delayed. However, the Defendant expressed that the victim’s treatment was “Chewing,” and that “the victim is dead.”

2. Injury;

When the Defendant 2 (Nam, 30) was driven away from the emergency room by the security personnel belonging to the above hospital, who are the security personnel belonging to the above hospital (mai.e., South and in 30 vehicles), the Defendant 1 was faced with the victim's neck by hand, her part of the victim's ske, her part of the victim's clothes by drinking, her part of the victim's clothes by hand, her part of the victim's clothes by hand, her part of the victim's knife, her part of the knife, and her part of the victim's knife with her part of the victim's knife, and her part of the knife, her part of the victim's knife for three weeks of medical treatment.

Summary of Evidence

(Omission)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 60(2)1 and 12 of the Emergency Medical Service Act (the point of obstructing emergency medical services), Article 257(1) of the Criminal Act (the point of injury), and choice of imprisonment, respectively.

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

1. Reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 (Aggravation of Concurrent Crimes with Punishment for Injury) of the Criminal Act; 1. The scope of applicable sentences by law: One month to fourteen years.

2. Scope of recommended sentences according to the sentencing criteria;

(a) A crime under subparagraph 1;

[Determination of Type 1] In general injury to a violent crime / [No. 1] General injury

[Special Aggravations] Aggravations: Cumulative Offense

[Recommendation and Scope of Recommendations] Aggravation, 6 months to 2 months, and 6 months

(b) Second crime (unestablished crime);

(c) Scope of recommendations based on standards for handling multiple crimes: Imprisonment with prison labor for not less than six months (a concurrent crime with an offense for which no sentencing guidelines are set);

(d) Scope of recommended sentences that are modified by applicable sentences: From June to 14 years (in cases where the upper limit of the range of sentences recommended by the sentencing guidelines is inconsistent with the statutory applicable sentences, it shall be in accordance with the statutory applicable sentences).

3. Determination of sentence;

In addition, there are many kinds of criminal records against the defendant who is disadvantageous to the defendant, and each of the crimes of this case is committed even during the period of repeated crime due to the same crime, in the emergency room, that there is a high possibility of criticism by impeding the medical treatment of emergency medical personnel due to considerable desire and intimidation, and that there is no recovery from damage, etc. are disadvantageous to the defendant.

A favorable circumstance is that it is difficult to see that the degree of violence in this case or the injury inflicted on the victim was significantly serious, and that the crime is recognized and the victim is against it.

In addition, the punishment as ordered shall be determined in full view of all the circumstances such as the age, character and conduct, environment, occupation, motive and consequence of the crime, circumstances after the crime, etc. and the conditions of the punishment as shown in the pleading.

The number of judges