A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[criminal power] On July 8, 2016, the Defendant was sentenced to four months of imprisonment with labor at the Incheon District Court for the crime of interference with business, and completed the execution of the above punishment on November 16, 2016.

【Criminal Facts】

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, force or other means.

On August 16, 2018, at around 02:20, the Defendant interfered with the treatment of the victim, who is an emergency medical personnel, on the ground that the victim D (30 years of age) who is a doctor, did not promptly treat the Defendant within the observation zone of the C Hospital Emergency Center located in Nam-gu Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A), investigation reports, and Acts and subordinate statutes;

1. Article 60(1)1 and Article 12 of the former Emergency Medical Service Act (Amended by Act No. 16252, Jan. 15, 2019); the choice of imprisonment for a crime;

1. There are circumstances favorable to the sentencing, such as the fact that the Defendant appears to reflect the wrongness of the Defendant following the sentencing reason under Article 35 of the Criminal Act among repeated offenders, the degree of tangible power exercised is not relatively more severe, and that the Defendant agreed with the victim during the trial of this case, while continuing the trial of this case.

However, obstructing the treatment of emergency medical personnel by assaulting, etc. of emergency medical personnel is highly dangerous in that other patients in an emergency are provided with the opportunity to receive the best treatment.

The Emergency Medical Service Act is subject to aggravated punishment to substantially protect the rights of medical personnel and the basic rights of patients.

The instant crime requires prompt treatment to the physician working in the emergency room.

To the observation area of the Emergency Center.