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(영문) 대구지방법원 경주지원 2016.02.03 2015고단704

응급의료에관한법률위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. No person who violates the Emergency Medical Service Act shall interfere with the rescue, transfer, emergency treatment or medical treatment of an emergency patient engaged in providing emergency medical services by means of violence, intimidation, deceptive scheme, threat or other means;

그럼에도 불구하고 피고인은 2015. 2. 16. 23:10 경 경주시 B에 있는 C 병원 응급실에서 의사인 피해자 D(36 세 )으로부터 진료를 받던 중 발로 피해자의 가슴 부분을 1회 발로 찼다.

As a result, the Defendant interfered with the victim's treatment of emergency patients, who are employees of emergency medical services.

2. The Defendant, at the above time and place, received a report of 112 from the victim F (F) who was in the custody of the police station E box of the racing police station and called out after receiving the said report at the above time and at the above place, brought the victim with a multiple sponse, such as Ra, sp sponse sponse sponse sponse sponse sponse sponse sponse sponse sponse sponse a part of the victim’s sponse sponse, and sponse sponse sponse sponse sponse sponse sponse sponse.

As a result, the Defendant interfered with the legitimate performance of duties by police officers concerning 112 report processing duties, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements of D;

1. A criminal investigation report, a first-aid service log, a police box service log, and a internal investigation report (at the time of dispatch to the scene);

1. A written diagnosis of injury;

1. Application of five Acts and subordinate statutes to five photographs; and

1. Article 60 (1) 1 and Article 12 of the Emergency Medical Service Act (a violation of the Emergency Medical Service Act), Article 257 (1) of the Criminal Act (a violation of the Emergency Medical Service Act), and Article 136 (1) of the Criminal Act concerning the crime (a violation of the Emergency Medical Service Act)

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the crime of injury and the crime of interference with the execution of official duties);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;