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(영문) 춘천지방법원 영월지원 2019.05.21 2019고단64

상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. No person who violates the Emergency Medical Services Act 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, threat or other means, or destroy, damage or occupy medical facilities, equipment, medicines or other objects for emergency medical services of a medical institution, etc.;

Nevertheless, at around 23:13 on January 7, 2019, the Defendant, at the emergency room of the C Hospital located in the Gangseo-si, Taewon-si B, did not return home without being drunkly treated after taking care of it, and assaulted the victim D(32 years of age) of the victim D(the 41 year of age) of the victim E(the 41 year of age) of the nurse, who continued to restrain the Defendant.

As a result, the defendant interfered with the first aid and treatment of the victims who are emergency medical personnel by means of violence, and inflicted on the victims E an injury on the right-hand bridge in need of approximately two weeks of medical treatment.

2. As the police officer F, who was dispatched to the police station after receiving a 112 report at the same time and place as indicated in the foregoing paragraph (1), demanded the Defendant to file a petition, the Defendant publicly insulting the victim by openly insulting the victim on the part of a patient suffering from a hospital, an emergency medical service worker, or a hospital, with the victim, who was suffering from a disease at the hospital.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, D, G, F, and H;

1. Application of Acts and subordinate statutes to a field photograph, CCTV image to take-off and diagnostic report;

1. The indictment under Article 257(1) of the Criminal Act (the point of injury) and Article 60(1)1 of the former Emergency Medical Service Act (amended by Act No. 16252, Jan. 15, 2019) concerning criminal facts is written, but is corrected as it is a clerical error, although the indictment is written under Article 60(2)1.

Article 12 (Occupancy of Emergency Medical Service) and Article 311 of the Criminal Act.