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

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

Punishment of the crime

피고인은 2018. 10. 8. 15:10경 고양시 일산동구 B에 있는 C병원 응급실에서 손목 부위 치료를 받던 중, 술에 취하여 치료를 거부하면서 큰소리를 지르고 소란을 피우다가 이를 제지하는 위 병원 보안요원인 피해자 D(67세)를 향해 소화기를 들고 때리려는 모습을 취하고, 위 병원 간호사인 응급의료종사자 피해자 E(24세)에게 “눈알을 뽑아버린다”라고 큰소리로 외치고 발로 위 피해자 E의 왼쪽 정강이를 걷어찼다.

Accordingly, the defendant interfered with the management of the victim D's hospital by force, and interfered with the first aid or treatment of the victim E-emergency patients who are emergency medical personnel by assault, intimidation, force, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Application of statutes on site photographs;

1. Relevant Article 314(1) of the Criminal Act, Articles 314(1)1 and 60(1)1 of the former Emergency Medical Service Act (amended by Act No. 16252, Jan. 15, 2019); and the choice of imprisonment for each type of crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment with prison labor for one month to seven years and six months;

2. Scope of the recommended punishment according to the sentencing criteria [decision of type] interference with business: [Type 1] interference with business [the scope of the recommended area and the scope of the recommended punishment] without interference [the scope of the recommended area and the recommended punishment] [the scope of the recommended punishment] basic area, six months to one year and six months (However, as it is related to concurrent crimes with the offense of violating the Emergency Medical Service Act for which no sentencing guidelines are set, the lowest limit of the recommended punishment shall apply

3. An emergency room for determination of sentence shall be a place where treatment related to the life of a patient with severe conditions should be conducted in a timely manner, and the medical practice of emergency medical personnel shall be strictly protected.