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(영문) 수원지방법원 여주지원 2020.05.18 2019고단1324

응급의료에관한법률위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates 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 by other means, or destroy, damage or occupy medical facilities, equipment, medicines or other objects for emergency medical services provided by a medical institution, etc.;

At around 20:40 on November 14, 2019, the Defendant was unable to escape from the operation of the C Hospital emergency room in Isoncheon-si B on the ground that D, a nurse in an emergency room (n, 30 years of age) does not cut the blood boms of the Defendant’s arms, with a large amount of sound, booming the mobile medical cart, booming the boom of the above D, with his hand when she was satisfing the satis of E (ma, 32 years of age), an emergency room, and walking the satis of E (ma, 32 years of age), which is an emergency room.

Accordingly, the Defendant interfered with emergency medical services by assault and force.

2. On November 14, 2019, the Defendant assaulted the face of G (Nam, 46 years old) from the F District Unit of the Leecheon Police Station, who was dispatched after receiving 112 report on the same ground as the foregoing paragraph (1), at the same place as the foregoing paragraph (1) at the same time.

Accordingly, the defendant interfered with legitimate execution of duties concerning handling of the case, such as prevention and suppression of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement of D, E, H, and G;

1. On-site photographs;

1. Application of Acts and subordinate statutes to the investigation report (CCTV);

1. Relevant Article on criminal facts, Articles 60 (2) 1 and 12 of the Emergency Medical Service Act on the Selection of Punishment, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act lies in obstructing emergency medical services by leaving the emergency room in the hospital.