2016 Highest 296 Violation of the Act on Rescue and Emergency Medical Services, Injury

A person shall be appointed.

Maz. (Lawsuits) and Maz. (Public Trial)

Attorney B (Korean National Assembly)

June 22, 2016

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant shall be ordered to provide community service for 80 hours.

Criminal facts

No person shall interfere with rescue operations and emergency medical services of an emergency squad dispatched to the scene without justifiable grounds.

On January 12, 2015, 23: at around 01, the Defendant took a bath on the grounds that the patient in the first-aid vehicle dispatched to the scene of the traffic accident would escape from the body, and entered into the emergency vehicle. While the victim D (the victim aged 36) who is a fire assistant belonging to the Gangnam Fire Station, the Defendant led the victim's breath, leading the victim's breath, leading the victim's buck, leading the victim's buck, leading the victim's buck, leading the victim's buck, leading the victim's right side and the part of the buckbbbb, and walking the victim 2 times, leading the victim's right side by drinking, and leading the victim's buckbbbbbbs that require approximately two weeks of medical treatment.

The Defendant, as above, injured the victim and interfered with the legitimate rescue and emergency medical services of first aid workers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Emergency medical service manual, emergency medical service log, and certificate of employment;

1. Images of each first-aid vehicle booms image data cut;

1. A written diagnosis of injury to D;

Application of Statutes

1. Article applicable to criminal facts;

○ Violation of the Act on 119 Rescue and Emergency Medical Services: Articles 28 and 13(2) of the Act on 119 Rescue and Emergency Medical Services

○ Injury: Article 257(1) of the Criminal Act

1. Commercial concurrence and the selection of a punishment;

Articles 40 and 50 of the Criminal Act (Mutual Crimes, Punishment as defined in the Crimes of Bodily Harm, Selection of Imprisonment)

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following extenuating Conditions among the Reasons for Sentencing)

1. Social service order;

Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

Reasons for sentencing

[Scope of Recommendation Form]

General Injury (including minor injury, interference with the performance of official duties, 4 months to 1 June) basic areas of category 1 (general injury)

[Determination of sentence] The punishment against the defendant shall be determined in consideration of the fact that the sentence is late and is against the late, the family environment, the deposit of some amount, the number of criminal records in the same kind of crime and the degree of punishment, and the execution of the sentence shall be suspended on condition that social service is provided for a certain period of time.

Judges Lee Jae-py