A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. No person who violates Emergency Medical Services Act 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, threat of force, or other means;

피고인은 2019. 12. 26. 22:30경 인천 남동구 B에 있는 C병원 응급실에 호송되어 진료를 받던 중 피고인의 상해 부위를 확인하던 의사인 피해자 D(32세)에게 욕설을 하면서 발로 피해자의 배, 골반 등을 수회 걷어찼다.

As a result, the Defendant interfered with the medical treatment of emergency medical personnel in the above emergency room.

2. 폭행 피고인은 제1항 기재 일시ㆍ장소에서 위 제1항 기재와 같이 의사 D을 폭행하다가 위 C병원 소속 보안요원인 피해자 E(29세)에 의하여 제지되자 발로 피해자의 머리 뒷부분을 걷어찼다.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement prepared D and E;

1. Application of the Acts and subordinate statutes concerning CCTV images, such as field photographs;

1. Relevant Article on facts constituting an offense, and Articles 60 (2) 1 and 12 of the Emergency Medical Service Act on the Selection of Punishment and the Emergency Medical Service Act, and Article 260 (1) of the Criminal Act (the point of obstructing the examination and treatment of emergency medical personnel and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with labor for not more than one month to not more than seven years;

2. Determination of sentence: In light of the fact that an act of interference with emergency medical services for one-year period of suspended execution in April is likely to cause serious damage to other emergency patients in an emergency situation, it is necessary to strictly punish the defendant, and that the defendant has not been provided with a letter from the victims until now, it is necessary to strictly punish the defendant.

However, the defendant is against all of the crimes of this case.