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(영문) 인천지방법원 2018.08.17 2018고정1722

응급의료에관한법률위반

Text

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

No person shall interfere with the rescue, transfer, emergency treatment, or medical treatment of an emergency patient by persons engaged in emergency medical services by means of violence, intimidation, deceptive scheme, threat, or other means, or destroy, damage, or occupy medical facilities, equipment, medicines, or other instruments for emergency medical services provided by a medical institution, etc.

그럼에도 불구하고 피고인은 2018. 4. 14. 00:00 경 인천 서구 B에 있는 C 병원 응급실에서 진료를 마친 뒤 귀가를 요구하는 위 병원의 응급실 간호사인 D 등 응급의료 종사자들에게 " 씨 발 새끼들 아 나 가만히 놔둬 라, 죽여 버리겠다.

The Act interfered with the medical treatment of emergency patients by force, such as taking a bath for about 50 minutes, smoking tobacco, etc.

Summary of Evidence

1. Statement made by the police against D;

1. A report on investigation;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Article 60 (1) 1 and Article 12 of the Emergency Medical Service Act concerning facts constituting an offense;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the emergency room in the hospital is directly connected to the life of the most patient, and thus, it is necessary to severely strict punishment for the disturbance in the emergency room that obstructs the emergency medical personnel from precluding the patient’s care.

Considering the content of the defendant's act, the degree of uneasiness that patients in an emergency room at the time and those engaged in emergency medical services had been employed, the defendant's act seems to be in doubt about the effects of the patient's act on emergency patients and emergency medical service workers up to now, the sentence like the order shall be imposed.