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

그럼에도 불구하고 피고인은 2019. 5. 11. 19:40경 영천시 B에 있는 C병원 응급실에서 주사를 놔주지 않는다는 이유로 화가 나 피해자인 간호사 D(여, 28세)와 피해자인 간호사 E(29세)에게 “씨발놈, 개새끼, 죽이뿐다”라고 큰소리로 욕설을 하고, 피해자인 간호조무사 F(30세)에게 “씨발새끼야, 개자슥아, 주사놔줘야 될거 아니가”라고 욕설을 하며 손으로 피해자 F를 때리려고 하였으며, 그곳 바닥에 주저앉아 피해자들에게 수회 욕설을 하는 등 약 10분 동안 소란을 피웠다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, F, and E;

1. Application of the CD-related Acts and subordinate statutes to Handphones, screen pictures and video clocks, the criminal scene of which is recorded;

1. Article 60 (2) 1 and Article 12 of the Emergency Medical Service Act concerning criminal facts and the choice of punishment, and the choice of imprisonment;

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

1. Probation and community service order for the reasons of sentencing under Article 62-2 of the Criminal Act and other records, such as Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the conditions of various kinds of sentencing as shown in the argument of this case, shall be determined as the order.

D. Unfavorable circumstances: The defendant's crime that obstructs the medical practice of emergency medical personnel by taking a bath, etc. in an emergency room shall not be light of the nature of the crime in light of the circumstances and details of the crime.

The defendant has many criminal records of the same kind of violence.

The favorable circumstances: The defendant is led to confession and reflect.