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(영문) 의정부지방법원 2019.07.25 2019고단1204

응급의료에관한법률위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years 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, threat or by other means, or destroy, damage or occupy medical facilities, equipment, medicines or other instruments for emergency medical services of a medical institution, etc.

Nevertheless, at around 09:20 on February 20, 2019, the Defendant: (a) explained that it is difficult to treat the patient under the influence of alcohol from a doctor D while receiving counseling for the treatment of the patient under the influence of alcohol; (b) provided a bath to the nurse E, etc.; (c) provided the emergency nurse with the voice “on the other hand, he/she is the nurse”; (d) pushed the doctor’s desire to restrain the Defendant from the corridor in the emergency room with his/her hand; and (e) breaking the medical device half, which was placed in the emergency room, with the escape of the medical device half; and (e) breaking the affected by the emergency medical personnel inside the emergency room, such as destroying the number of physiological dys of drinking water, which were placed on the top of the second line; and (e) interfere with the first-aid treatment and treatment of the emergency patient beyond 20 minutes, such as assaulting the flaps of the staff who intended to guide the Defendant out of the emergency room.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and E;

1. On-site reports (on-site surveys, etc.), and each investigation report (CCTV review report and hearing statements by nurses);

1. Application of three Acts and subordinate statutes to the CD video recording;

1. Relevant Article on crimes and Articles 60 (2) 1 and 12 of the Emergency Medical Service Act concerning the Selection of Penalties;

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

1. The exercise of violence and force against emergency medical personnel on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is basically basic in that not only physical damage to the relevant employees, but also serious harm to the lives and bodies of emergency patients in need of urgent measures.