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(영문) 수원지방법원 여주지원 2017.07.26 2017고단727
상해등
Text

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

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

Reasons

Punishment of the crime

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, around May 15, 2017, the Defendant: (a) around 22:34, 2017 to a doctor who treats the Defendant without any particular reason while receiving treatment in the emergency room of the C Hospital located in Ischeon-si, Gyeonggi-do.

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“Absing the victim’s face at the emergency room” and putting the victim’s face into the floor once, etc. for about one hour in the said emergency room.

As a result, the Defendant interfered with the rescue, transportation, emergency treatment or treatment of emergency patients by force of the emergency medical service workers, and caused the victims to be in an influence of the number of days of treatment and influence of internal and internal organs and tissues.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 60 (1) 1 and 12 of the Act on the Protection of Crimes, the Emergency Medical Service and the Selection of Punishment (the point of interference with emergency medical services), Article 257 (1) of the Criminal Act (the point of harm) and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for protection observation and attendance order [the scope of recommendation] general injury [the scope of recommendation] does not exist (the person subject to special sentencing from April to January] in the basic area (the person subject to special sentencing] [the sentence] [the decision of sentence] for 2 years of suspended execution of August (the defendant who has been punished several times due to the crime of this case) (the defendant who committed the crime of this case committed several times due to the crime of this type], and other favorable circumstances, such as the circumstance that the defendant committed the crime of this case, and the situation against his mistake, etc., are against the law.

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