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(영문) 서울중앙지방법원 2015.01.22 2014고정5764

응급의료에관한법률위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 9, 2013, the Defendant sent the emergency department of the C Hospital located in Dongjak-gu Seoul Metropolitan Government to the emergency department of the C Hospital in Dongjak-gu as a traffic accident victim.

No person shall interfere with the rescue, first aid, or medical examination and treatment of an emergency patient of emergency medical personnel by means of violence, intimidation, deceptive scheme, threat, or other means.

Nevertheless, from around 01:50 on March 10, 2013 to 02:05 on the same day, the Defendant stated that the above nurse’s name in which the Defendant intended to put the number of the Defendant in the emergency room stated that he was the Defendant’s aring line, and stated that “I am to start without the her head at the present moment, I am to do so. I am to do so.” And I am to the above emergency doctor who prevents the Defendant, “I am to do so, I am to do so, I am to do so, and I am to the doctor who tried to take out the Defendant out of the above emergency room, and I am to say that “I am to move to the emergency room, I am to the other emergency patient who was suffering from the disturbance.”

As a result, the Defendant interfered with the rescue, first aid, or medical treatment of emergency patients such as D and E, by force of emergency medical personnel.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, F, and E;

1. Application of the Acts and subordinate statutes of nursing records;

1. Relevant Article on criminal facts and Articles 60 (1) 1 and 12 of the Emergency Medical Service Act concerning the choice of punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;