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(영문) 서울남부지방법원 2015.12.15 2015고정1394

상해등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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.

Nevertheless, at around 03:35 on February 11, 2015, the Defendant complained of the Defendant’s wife at the emergency room of the E Hospital located in Yangcheon-gu Seoul Metropolitan Government, and took care of the Defendant’s body. However, from the victim F (29 years of age) who is an emergency room, the Defendant took care of the Defendant’s body, “dice anywhere for the patient’s part-time,” and she took care of several nurses and emergency patients, while the Defendant took care of the victim’s body, the emergency room, and she took care of the victim’s her body.” The Defendant took care of the victim’s her body, who is a nurse and emergency patient, and she took care of the victim’s her body for the purpose of confirming the CT of other emergency patients.

Accordingly, the defendant insultingd the victim and interfered with the first aid of the victim's emergency medical personnel by assaulting the victim's emergency medical personnel, and at the same time, injured the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. A written statement;

1. A complaint;

1. A medical certificate;

1. Photographs of damaged parts;

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

1. Relevant legal provisions concerning facts constituting an offense, and Articles 60 (1) 1 and 12 of the former Emergency Medical Service Act (Amended by Act No. 13106, Jan. 28, 2015); Article 257 (1) of the Criminal Act; Article 311 of the Criminal Act concerning the selection of punishment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The victim at the time when the defendant, who is a doctor on duty, dump of the victim.