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(영문) 서울북부지방법원 2017.09.13 2017고단3079

응급의료에관한법률위반

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal records] On December 11, 2014, the Defendant was sentenced to imprisonment for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Seoul Northern District Court on the grounds of a violation of the Act on Punishment of Violences, etc., and completed the execution of the sentence on March 25, 2015 at the Dong-dong Detention Center in Seoul (Gu Dong-dong Detention Center).

[ criminal facts] No person shall interfere with the rescue, transfer, emergency treatment, or medical treatment of an emergency patient by a person engaged in emergency medical services, or destroy, damage, or occupy medical facilities, equipment, medicine, or other equipment for emergency medical services by a medical institution, etc.

Nevertheless, on April 25, 2017, the Defendant: (a) at the Seocho-si B around 19:00, at the emergency room of the C Hospital, expressed that the Defendant would be asked to “a waiting outside the air for the treatment of the patient” from the victim D (n, 23 years of age) of nursing in the emergency room of the C Hospital; and (b) stated that “I would like to see why I would like to see why I would like to draw the horses, so I would like to hack the horses so that I would like to leave the emergency room; and (b) interfere with the emergency medical services for the emergency patients of approximately 10 minutes of emergency medical service workers, such as threatening the victims who stop from entering the emergency room.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on internal investigation (related to the verification of CCTV in an emergency room of a C hospital), and photographs by capturing CCTV images of the CCTV in an emergency room of a C hospital in the early stage;

1. Previous convictions: Application of Acts and subordinate statutes concerning the acceptance of individuals, such as a written reply to inquiries, such as criminal history (A), a report on investigation (prior convictions against suspects), and a written judgment;

1. Article 60 (1) 1 and 12 of the relevant Act on Criminal facts and the Emergency Medical Service Act on the Selection of Punishment, and Selection of Fines;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 50,000 to 100 million won;

2. The fact that the sentence was imposed during the period of repeated crimes, and that there are several records of being punished for violent crimes in addition to the above repeated crimes.