A defendant shall be punished by imprisonment for six 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

The defendant is a patient visiting the emergency department of the hospital B to receive medical treatment, and the victim C is a doctor working in the emergency department of the hospital B.

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, or destroy, damage, or occupy medical facilities, equipment, medicines, or other objects for emergency medical services provided by a medical institution, etc.

Nevertheless, at around 20:56 on May 15, 2020, the Defendant, while waiting for the treatment at 7 times in the emergency room of the B Hospital located in Suwon-gu, Suwon-si, was able to take a bath for the victim in the area where his/her treatment is delayed. In addition, the Defendant assaulted the victim by turning his/her arms on the part of the victim with his/her hand by turning on the part of his/her hand.

Accordingly, the defendant abused the victim and interfered with the emergency medical service of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. On-site reports (CCTV image analysis);

1. Application of Acts and subordinate statutes to field photographs, victim photographs, CCTV closure photographs;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order, shall be determined as ordered by considering the following circumstances.

The defendant has a number of criminal records against the defendant, most of which are the same as that of this case.

- The defendant was aware of the crime of this case and reflected in the favorable circumstances.

- The defendant wishes to punish the defendant by mutual consent with the victim.