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(영문) 서울동부지방법원 2015.11.18 2015고정1032

응급의료에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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 11:10 on February 27, 2015, the Defendant: (a) requested that the victim D(36 years of age) in charge of the emergency room in charge of treating C after the Defendant’s operation in the Hanyang University Hospital emergency room in Seongdong-gu Seoul, Seongdong-gu, the Defendant would not enter the emergency room; (b) the Defendant would not be able to contact C’s guardian because of the following reasons: (c) the Defendant’s demand to leave the emergency room in the emergency room; (d) the Defendant would be in contact with C’s guardian; and (e) the Defendant could not comply with the victim’s demand to leave the emergency room; and (e) whether the C will leave the guardian in the weather room; and (e) the patient or the patient in charge of the care in the emergency room in the Hanyang University University Hospital; (e) the entrance in charge of treating C would prevent him from entering the emergency room in the street, and (e) might have expressed any desire for 10 minutes.

Accordingly, the defendant interfered with the medical treatment of emergency patients by force of emergency medical personnel.

Summary of Evidence

1. Legal statement of witness D;

1. Written statements of D;

1. The criminal place;

1. Application of Acts and subordinate statutes to report investigation results;

1. Article 60(1)1 of the pertinent Act on criminal facts and Articles 12(1)1 and 60(1)1 of the Emergency Medical Service Act on the Selection of Punishment and the Defendant’s defense counsel are merely the fact that the Defendant did not enter an emergency room at the time, and that there was a doctor D who rejected medical treatment on the ground that C’s guardian did not have a guardian, and thus, the Defendant did not interfere with medical treatment of emergency patients by force, and even if there was a domestic fact, it constitutes a justifiable act that does not violate social rules in light of the circumstances.

However, according to the above evidence, the criminal facts in the judgment are sufficiently recognized, and the defendant's act is specified in Article 20 of the Criminal Act.