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(영문) 광주지방법원 2019.06.27 2019고단432

응급의료에관한법률위반등

Text

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

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

Reasons

Punishment of the crime

On January 13, 2019, at around 20:39, at the bus stops at the entrance of the C Hospital located in Seo-gu, Seo-gu, Gwangju, the Defendant: (a) sent a 119 ambulances vehicle to the emergency room of the E Hospital located in Gwangju Dong-gu, by the police called the 112 report; (b) sent the vehicle to the emergency room of the E Hospital located in the Dong-gu, Gwangju; (c) from around 21:05 to 22:10 on the same day, the Defendant expressed the doctor and nurse who had been working for the treatment of the emergency patients at the emergency room of the above hospital, and tried to avoid disturbance, and (d) tried to treat the Defendant with the driver who was working for the treatment of the emergency patients.

Accordingly, the defendant interfered with the diagnosis and treatment of emergency medical personnel such as F.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes to investigation reports (the verification of CCTV in the emergency room of the E hospital);

1. Article 60 (2) 1 and Article 12 of the Emergency Medical Service Act concerning facts constituting a crime and the choice of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act not only has many records of having been punished for violent crimes, but also the fact that the Defendant committed the instant crime during the suspended execution period is disadvantageous.

On the other hand, the sentencing conditions indicated in the records and arguments of this case, such as the fact that the defendant acknowledges and reflects his mistake, the fact that an agreement has been reached with the victim, the family relationship, health status, and the possibility of recidivism, shall be determined by comprehensively taking into account

Public Prosecution Rejection Parts

1. The summary of the facts charged is as follows: (a) around 20:39 on January 13, 2019, the Defendant reported to the 112-report that “the Defendant is taking advantage of the emergency room of the E Hospital”; (b) the victim H, the police box of the Gwangju East Police Station, the police box of the Gwangju East Police Station, and the police box assigned to the same police box, and (c) the victim I, the guard assigned to the said emergency room, who was the person visiting the said emergency room, the J, the hospital medical staff, and the security personnel.