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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
누구든지 응급의료종사자의 응급환자에 대한 구조ㆍ이송ㆍ응급처치 또는 진료를 폭행, 협박 등으로 방해하여서는 아니 된다 피고인은 2018. 10. 3. 06:10경 대구 중구 B에 있는 C병원 응급실에서 당시 교통사고 중상 환자를 진료 중이던 의사인 피해자 D(35세)이 본인의 말에 제대로 대답을 해주지 않는다는 이유로 “이 개새끼야, 니가 의사새끼가. 씨발놈이. 니가 의사면 다 가.”라고 큰소리로 욕설을 하면서 피해자의 오른쪽 정강이를 1회 걷어찼다.
As a result, the defendant interfered with the medical treatment of emergency medical personnel for emergency patients by assaulting them, and led the victim to the right side where medical treatment is required for about three weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes to medical certificates and photographs of victims;
1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts, Article 60 (1) 1 and Article 12 of the Emergency Medical Services Act (a point of interference with emergency medical services);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. The sentencing conditions indicated in the records, such as the defendant's age, character and conduct, environment, motive and circumstances after the crime, etc., are considered in light of the fact that the nature of the crime of this case is extremely poor for sentencing under Article 62-2 of the Criminal Act, the defendant was punished for the same kind of crime, the defendant's reflectence, and other records.