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(영문) 창원지방법원 2017.12.22 2017고단3454
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

1. On October 3, 2017, the Defendant violated the Emergency Medical Service Act: (a) at the D Emergency Hospital C at the window of Changwon-si on October 3, 2017; (b) at the above emergency room and the nurse treating the Defendant who was sent to the emergency patient.

For about thirty (30) minutes, such as taking care of, and taking a bath for, “the emergency medical service workers of the pertinent hospital”, the said hospital interfered with the medical treatment by force.

2. On October 3, 2017, at the entrance of the emergency room at the above hospital around 20:21, the Defendant interfered with the performance of official duties, on the ground that: (a) on the ground that: (b) on the ground that the Defendant was reported by the said Defendant, he was sent to the emergency room; (c) the background F of the E District Team belonging to the Changwon Police Station E District; (d) the Defendant was moving the Defendant out of the emergency room; and (e) the Defendant was prevented from interfering with the medical treatment of the medical staff of the above hospital.

"................. Ma-man's drinking b.........

Accordingly, the defendant assaulted a police officer to interfere with the police officer's 112 handling of report.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and H:

1. A written statement of I and G;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 60(1)1 and 12 of the Emergency Medical Service Act on the Selection of Punishment (the point of obstructing emergency medical services), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of fines;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (to the extent that the aggregate of the amounts of each of the above crimes is aggregated);

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are favorable to the defendant, include the following: (a) the Defendant’s mistake was pened in depth; (b) there are some circumstances to consider the motive and circumstances leading to each of the instant crimes; and (c) the fact that the hospital-related persons do not want to punish the defendant; and (d) etc., are favorable to the defendant.

On the other hand, the obstruction of the execution of official duties is the suppression of legitimate exercise of public authority.

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