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(영문) 전주지방법원 2020.05.06 2019고단1709

응급의료에관한법률위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year 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 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.

Around 01:40 on August 5, 2019, the Defendant: (a) held the victim D (the 38-year-old) who is a doctor in the C Hospital emergency room located in Seojin-gu, Seojin-gu; (b) held the victim’s chest 20 minutes of desire, i.e., “Is the victim to undergo a medical examination by a medical specialist,” and obstructed the victim’s chest by means of assault, threat, or threat of force on the ground that the victim said “Is the E Hospital capable of bitching bitch bitch bitch bitch,” and “Is the bitch bitch bitch bitch bitch bitch, Is the victim’s chest by hand, depending on the victim who moves into the fluore room.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A report on investigation (referring to a report on telephone conversations of a victim);

1. Application of each statute on photographs;

1. Article 60 (2) 1 and Article 12 of the Emergency Medical Service Act concerning criminal facts and the choice of punishment, and the choice of imprisonment;

1. The reasons for sentencing under Article 62(1) of the Criminal Act include not only a majority of criminal records of violence committed against the defendant, but also committed a crime committed during the period of probation due to violent crimes. However, the intention of the injured party was expressed by the injured party, and thereby the relevant intention does not want the punishment of the defendant. In addition, it is ordered as ordered by the order, taking into account the following factors: the health status of the defendant at the time of the crime, the degree of violence committed by the defendant, the age, character and conduct of the defendant, the circumstances after the crime (including