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(영문) 창원지방법원밀양지원 2020.09.22 2020고단369

응급의료에관한법률위반

Text

A defendant shall be punished by imprisonment for not more than ten 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

No person shall interfere with the rescue, transfer, first aid, or medical treatment of an emergency patient by emergency medical personnel by means of violence, intimidation, deceptive scheme, force, or other means, or destroy, damage, or occupy medical facilities, equipment, medicines, or other objects for emergency medical services provided by a medical institution, etc.

Nevertheless, at around 08:37 on August 12, 2020, the Defendant refused to take CT filmings within the Emergency Service Center of the B Hospital, 019, and refused to take CT shooting, and the Defendant laid down the part of the CTscopscoping to the bed, and continued to put the Balops on the floor of the bed, which contain clers, medical devices, etc. on the part of the bed, which were on the part of the bed and on the emergency duty.

As a result, the Defendant destroyed and damaged the articles equivalent to KRW 1,155,000, such as one string, three monitors, strings, which are the equipment for emergency medical services in the C Hospital emergency room, strings, one strings, and one strings, which are the equipment for emergency medical services.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to reports on the occurrence of accidents, 112 report records, reports on internal investigation, photographs at the scene of damage, and CCTV images;

1. Article 60 (2) 1 and Article 12 of the Emergency Medical Service Act on the facts constituting an offense;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence as ordered shall be imposed by taking into account the following circumstances: the Defendant’s age, character and conduct, occupation and environment, criminal records, motive, circumstance, method and consequence of the crime, as well as the circumstances before and after the crime, and the conditions of sentencing as shown in the records and arguments of the instant case.

Unfavorable circumstances: In light of the specific contents of the instant crime and the degree of interference with emergency medical services resulting therefrom, the issue is not somewhat weak.

Criminal records, etc. of the defendant.