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(영문) 서울북부지방법원 2016.10.19 2016고단3481

응급의료에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

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

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, or destroy, damage, or occupy medical facilities, equipment, medicines or other objects for emergency medical services provided by a medical institution, etc.

그럼에도 피고인은 2016. 7. 1. 05:10경부터 같은 날 05:29경까지 서울 도봉구 B에 있는 C병원 응급실 안에서 응급처치를 받던 피고인의 처형 D에게 응급의료종사자인 간호사 E이 ‘지금 물을 마시면 안된다’고 설명하였다는 이유로 E에게 ‘나는 너한테 안물어봤다, 끼어들지마라 씨발년아, 넌 조용히 해, 미친년아 뭘 쳐다보냐, 너 몇 살이냐’라고 욕설을 하고, 이에 다른 응급의료종사자인 간호사 F가 피고인에게 ‘욕하지 마세요, 간호사도 의료진이에요’라고 제지하자 왼손을 치켜들어 F를 때릴 듯한 태도를 취하고, 오른손으로 F의 목을 조르는 등 폭행하여 응급의료종사자의 응급진료를 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. G statements;

1. Copies of membership certificates;

1. Application of the Acts and subordinate statutes on the investigative report (CCTV’s video content) and the screen screen of the video screen;

1. Articles 60 (1) 1 and 12 of the Emergency Medical Service Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: One month to five years; and

2. The fact that the record of punishment for a crime of final and violent punishment is nine times including three times the suspension of the execution of imprisonment with prison labor, and that the crime was committed in an emergency room where the medical practice for an emergency patient is being performed is disadvantageous.

On the other hand, the fact that the victims agreed with is favorable.

The defendant's age, age, and circumstances above.