A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On September 11, 2015, the Defendant was sentenced to one year of imprisonment and five million won of fine by interfering with business affairs at the Incheon District Court, and completed the execution of the sentence at the Incheon Detention House on November 17, 2015.

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

Nevertheless, on June 28, 2016, at the D Emergency Hospital in Kimpo-si, Kimpo-si, Kimpo-si, around 01:45, the Defendant: (a) on the ground that the nursing private nurse E (25 years old) under medical treatment is infinite; (b)

In the view that governance should take place, it was difficult to avoid disturbance for about 30 minutes, such as walking the victim's clothes and continuously displaying the medical staff in the vicinity.

As a result, the Defendant interfered with the medical treatment of emergency medical workers.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. References to inquiries, such as criminal history, investigation report (Attachment, etc. to the previous summary order, etc.) / Defendant only caused pain, but did not form the victim;

The argument is asserted.

However, according to the evidence duly adopted and examined, the defendant can be recognized as having obstructed emergency medical services, such as taking the victim out while taking the victim’s bath at the emergency room of the above hospital.

Application of Statutes

1. Article 60 (1) 1 and 12 of the relevant Act on the Punishment of Criminal Crimes and the Emergency Medical Service Act on the Selection of Punishment, Articles 60 (1) 1 and 12 of the same Act and the selection of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the defendant has been punished several times for violent crimes, such as interference with business affairs, etc., the defendant again commits the crime of this case without being able to do so during the period of repeated crimes, and the defendant is against his mistake.

In addition, the defendant's age, sex, environment, health status, family relationship, motive for committing the crime.