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(영문) 대구지방법원 2016.01.28 2015고단5959

응급의료에관한법률위반

Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

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

3.

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.

On September 13, 2015, the Defendant: (a) in an emergency hospital emergency department in Daegu-gu B around 21:35, when dealing with emergency rescue victim D(27) of a private victim D (27) of this patient classification service; and (b) as the victim E (28 years old) who is the doctor of the emergency department in the above emergency room prevents the victim from taking advantage of his or her desire to harming the victim; and (b) once the victim E (28 years old) who is the victim E (the doctor of the emergency department in the above emergency room in the same room in the same part as the victim E was pushed back and pushed back the victim E's chest, and again, when the victim D was able to take part in the victim D's floor, and obstructed the victim's emergency treatment and treatment for the emergency patient by assaulting the victims at once.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes concerning emergency rescue workers;

1. Article 60 (1) 1 and Article 12 of the Emergency Medical Service Act on criminal facts;

1. Selection of imprisonment with prison labor chosen;

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

1. The emergency hospital room for sentencing under Article 62-2(1) of the Social Service Order Criminal Act should be established so that emergency patients can receive appropriate treatment, and where such an environment is damaged, strict punishment corresponding to the damage and danger is needed.

In an emergency room, the defendant assaults the emergency investigation and the doctor in an emergency room, thereby causing damage not only to medical professionals but also to emergency patients, and the nature of the crime is not good.

The fact that the defendant does not have the same power, but has a previous record of violence, is also considered in sentencing.

However, if the defendant repents his wrong, it shall be considered in favor of the defendant.

In addition, the motive, background, means and method of committing the instant crime.