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(영문) 창원지방법원 진주지원 2018.05.01 2018고단221

응급의료에관한법률위반

Text

Defendant shall be punished by a fine of nine million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of one year and six months for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) in the Jinwon District Court's Jinju branch on January 26, 201, and was sentenced to a suspended sentence of two years on September 28, 2016 and sentenced to a suspended sentence of two years on October 16, 2016 for a violation of road traffic law (unlicensed driving) at the same court on September 28, 2016, and was sentenced to a suspended sentence of two years on October 16, 2016. On February 15, 2017, the Defendant was sentenced to a suspended sentence of eight months for special injury, etc. at the same court and on October 17, 2017.

[Criminal facts] No person shall interfere with the rescue, transfer, emergency treatment, or treatment of an emergency patient by a person engaged in an emergency medical service by means of assault, intimidation, deceptive scheme, threat, or other means.

Nevertheless, on December 10, 2017, at around 20:20, the Defendant requested a private person D(33) of the emergency room’s duty to be hospitalized in the “C Hospital Emergency room” located in the Hadong-gun, Hanam-gun, Hanam-gun, to be hospitalized. However, the Defendant heard the horses that “it is difficult to be hospitalized because of the serious conditions of hospitalization,” from the victim of the damage, “it is difficult to be hospitalized.” However, the Defendant saw the victim as “unsatisfy,” and collected things in the emergency room, and collected the victim’s things in the emergency room at one time as her her satch.

Accordingly, the Defendant interfered with the victim's treatment of emergency patients by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Photographs and a list of reported cases;

1. A worker on duty in an emergency room;

1. Photographs of an emergency room;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (the same type of crime history), and application of the text of the judgment;

1. Article 60 (1) 1 and 12 of the Emergency Medical Service Act concerning facts constituting an offense, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Grounds for sentencing under Article 334(1) of the Criminal Procedure Act - Circumstances unfavorable to: the nature of the offense;