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(영문) 대구지방법원 경주지원 2020.02.05 2019고정124

응급의료에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

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 07:45 on March 21, 2019, the Defendant threatened the victim E (the age of 49) who is a doctor of the nurse and the victim, while having been hospitalized in the above emergency room as the guardian of D, who is the mother of the defendant being hospitalized in the above emergency room, with the circumstance that the victim E (the age of 49) who was the doctor of the nurse and the victim would stop to do so. However, the Defendant expressed that “I will die. I will not see the victim’s life and body at night in the night path, and will not leave the outside.”

Accordingly, the defendant threatened the victim who is an emergency medical personnel, thereby hindering the first-aid treatment or treatment of the emergency patient.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article on criminal facts and Articles 60 (2) 1 and 12 of the Emergency Medical Service Act on the Selection of Punishment and Punishment;

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;