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(영문) 수원지방법원 안산지원 2019.10.24 2019고단3017

응급의료에관한법률위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 00:41 on July 8, 2019, the Defendant: (a) was under the influence of alcohol by resisting symptoms, such as back head heat, etc. in the C Hospital emergency room located in Ansan-si, the Defendant expressed the victim’s desire to “cirthing and humbing the victim’s shoulder,” without any justifiable reason, while moving from the nurse D (n, 27 years old), which is an emergency medical personnel of the above hospital, to undergo a video examination while under the influence of alcohol; and (b) assaulted the victim’s shoulder at one time.

As a result, the defendant assaulted emergency medical personnel to interfere with the treatment of emergency patients.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each written statement of D and E;

1. Application of statutes on site photographs;

1. Relevant Article on crimes and Articles 60 (2) 1 and 12 of the Emergency Medical Service Act concerning the Selection of Penalties;

1. Taking into account all the circumstances, including the fact that the sentencing of Article 62(1) of the Criminal Act was not restored due to the reason, the fact that the defendant mistakenly recognized his/her mistake, and the fact that he/she has no other criminal record than