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The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for four months.
Reasons
1. Grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles 1) Emergency Medical Service Act (hereinafter “Emergency Medical Service Act”).
(2) As such, the Defendant’s act does not constitute an “emergency patient” stipulated in Article 12 and Article 60(1)1 of the Emergency Medical Service Act at the time of committing the instant crime and does not constitute a “emergency patient” under Article 12 of the Emergency Medical Service Act, and cannot be deemed as having reached the degree of “compact” which is a constituent element under the aforementioned Act, since the act of interference with the emergency medical personnel’s first aid and other acts against the person other than the patient and thus constitutes an infringement on the right of emergency medical personnel to receive medical treatment.
There is no evidence that the defendant interfered with other acts such as medical examination and treatment of an emergency patient other than the patient.
B. The lower court’s imprisonment (six months of imprisonment) against the Defendant is too unreasonable.
2. The court below found the Defendant guilty of violating the Emergency Medical Service Act among the facts charged in this case and dismissed the prosecution against each assault. Since the judgment of the court below only appealed against the Defendant, the scope of the judgment of the court below is limited to the guilty portion.
3. Judgment on misconception of facts and misapprehension of legal principles
A. The following facts can be acknowledged according to the evidence duly adopted and examined by the court below and this court.
① On March 11, 2018, the Defendant was hospitalized in a C Emergency Service Center on March 11, 2018, due to symptoms, such as her face face, right side, and her bridge pain, and measures for video inspection, her skin disinfection, and beer care were taken for the said symptoms by medical personnel, such as doctor D.
(2) The defendant who was hospitalized in an emergency room on March 2018.