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A defendant shall be punished by imprisonment with prison labor for up to six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
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, or destroy, damage, or occupy medical facilities, equipment, medicines, or other objects for emergency medical services provided by a medical institution, etc.
On July 9, 2019, around 23:46, the Defendant demanded that the C Hospital emergency room located in Nowon-gu in Seoul Special Metropolitan City for water to move out. However, the Defendant took a bath to the victim, who was aware that he cannot drink water while being treated from the victim D (the age of 29) who was a doctor belonging to the above hospital, and took the victim’s chest at one time by hand.
As a result, the defendant interfered with the medical treatment of emergency medical personnel for emergency patients.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. He/she shall hear reports on investigation;
1. Application of statutes governing on-site CCTV CDs;
1. Relevant Article of facts constituting an offense, and Articles 60 (2) 1 and 12 of the Act on the Selection of Penalties;
1. The punishment shall be determined as ordered in consideration of the fact that the liability of emergency medical personnel required to be strictly protected for the reason of sentencing under Article 62 (1) of the Criminal Act is not easy, such as interference with the medical practice by emergency medical personnel, and the age, character and conduct, environment, circumstances of the crime, circumstances after the crime, etc.;