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(영문) 서울북부지방법원 2020.04.10 2020고정200

응급의료에관한법률위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a patient who was within the emergency department of B hospital due to public depression, and the victim C(the age of 32) is a medical specialist in the emergency department of B hospital.

On November 14, 2019, at around 09:35, the Defendant provided medical treatment in B Hospital Emergency Department No. 5, and the victim visited the Defendant for the purpose of reading together with the internship doctor.

The Defendant, on the ground that the attitude of the victim who was sleeped, did not go to the woman, was assaulted by the victim at his left hand once, thereby obstructing the victim's treatment of the emergency patient.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on occurrence (a case of violation of the Emergency Medical Service Act);

1. Investigation report (verification of CCTV images at the site of the incident);

1. Application of the Acts and subordinate statutes of one damaged photograph of the victim, and four points in the CCTV course photograph;

1. Article 60 (2) 1 and Article 12 of the Emergency Medical Service Act concerning facts constituting a crime and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order obstructs the defendant's treatment of the victim's emergency patient, who is an emergency doctor, by means of assault. In light of the fact that the emergency room is a place where treatment, etc. of the patient's life should be made timely, the criminal liability is not easy.

On the other hand, the defendant recognized the crime of this case and opposed to the mistake.

In the situation where the defendant was placed in an emergency room due to a chronic disorder caused by the depression at the time, etc., he/she has lost his/her ability to determine and self-control, and seems to have caused the crime of this case, and he/she has received hospital treatment up to now.

In full view of such circumstances and other circumstances as the defendant's age, character and conduct, environment, background of the crime, circumstances after the crime, etc., and the sentencing conditions shown in the arguments and records, the punishment as ordered shall be determined.