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.

Punishment of the crime

No person shall interfere with the rescue, transfer, first aid, or medical treatment of an emergency patient by means of violence, intimidation, deceptive scheme, threat, or other means.

그럼에도 불구하고 피고인은 2019. 2. 24. 10:00경 서울 중랑구 B에 있는 C 응급실 내에서, “왜 이 병원은 환자를 제대로 진료를 보지 않느냐”,“개 씨발, 개새끼, 좆같은 새끼”라며 욕설을 하고, “너 내가 어떻게 하나봐 이 새끼야”, “너희들은 내가 징역에 갔다 와도 가만 안놔둬”라고 협박을 하는 등 약 10분간 소란을 피웠다.

In this respect, the defendant interfered with the diagnosis and treatment work of the first medical doctor D and the first nurse E by force and intimidation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of video CD-related Acts and subordinate statutes

1. Article 60 (2) 1 and Article 12 of the Act on the Emergency Medical Services for Criminal Facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The punishment as ordered shall be determined by taking into consideration the following factors: (a) the liability of emergency medical personnel to be strictly protected for the reason of sentencing under Article 62(1) of the Criminal Act, such as interference with the medical practice by emergency medical personnel required to be strictly protected; (b) the fact that their errors are recognized and reflected; (c) the Defendant’s age, character and conduct, environment, details of