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(영문) 인천지방법원 2020.05.15 2020고단2567

응급의료에관한법률위반

Text

A defendant shall be punished by imprisonment with prison labor for four 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.

Around 21:30 on February 25, 2020, the Defendant used drinking alcohol to an emergency room for C hospital in Michuhol-gu Incheon, Michuhol-gu, after drinking alcohol and transferred it to the emergency room for C hospital in Michuhol-gu, Incheon. At around 21:40 on the same day, the Defendant assaulted the victim D (ma, 32 years of age) who is an emergency nurse for C hospital in the above emergency room for symptoms at any time without any justifiable reason.

Accordingly, the defendant interfered with emergency medical personnel's rescue, transfer, first aid, or medical treatment of emergency patients by means of assault.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Acts and subordinate statutes governing CCTV images;

1. Article 60 (2) 1 and Article 12 of the Emergency Medical Service Act concerning criminal facts and the choice of punishment, and the choice of imprisonment;

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

1. The sentencing conditions indicated in the records of this case, including the Defendant’s age, character and conduct, family relationship, home environment, motive and means of crime, and circumstances after committing the crime, shall be determined as ordered by taking into account the following circumstances: (a) the Defendant’s reasons for sentencing under Article 62-2 of the Criminal Act, which are disadvantageous to a large number of violence committed against the Defendant; (b) the Defendant