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(영문) 대구지방법원 서부지원 2018.08.29 2017고단2447
119구조ㆍ구급에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 20, 2017, the Defendant: (a) around 23:00 on August 20, 2017; (b) around Seogu, Daegu; (c) the first-aid staff members of the fire station D (35:00) and F (47 years of age) of the fire station, etc., are patients with great injuries.

“A” shall not be deemed to be a defect, E, F, etc., in which the Defendant was dispatched upon receipt of a report, and the Defendant attempted to move to the first-aid vehicle.

there shall be a guardian.

“A person who has conducted an election campaign before bring,” four fire officers or four police officers may be counter-party.

In doing the bath theory, such as Crack sark, etc., the brush of the F, and the brush of the above E was removed by hand by putting the left part of the E, and the brush of the above E was laid down by putting it down.

Ultimately, without justifiable cause, the Defendant interfered with the above E and F rescue and first aid activities, and at the same time, the Defendant inflicted injury on the victim E, such as salt of the lusium, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, G, and H;

1. A certificate of refusal to transport, a first-aid service log, or a D service log;

1. Evidential photographs of each evidence;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 28 and 13 (2) of the relevant Act on 119 Rescue and Emergency Medical Services concerning criminal facts, and Article 257 (1) of the Criminal Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is the sentencing factor unfavorable to the defendant, such as the following: (a) the Defendant inflicted an injury on the first-aid crew engaging in 119 rescue activities by exercising violence; (b) the nature of the crime is grave; and (c) the Defendant has a record of receiving juvenile protective disposition due

On the other hand, the fact that the defendant confessions the crime of this case and reflects it, and that the defendant has yet to have no particular record of crime, etc. is an element of sentencing favorable to the defendant.

In addition, the arguments of this case are shown in the defendant's age, sex, environment, motive, background, means and consequence of the crime, and circumstances after the crime.

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