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(영문) 대구지방법원 2019.08.30 2019고단1181

응급의료에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

except that 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, force, or other means.

Nevertheless, at around 21:50 on February 11, 2019, the Defendant waited for himself in the C Hospital emergency room located in Busan Metropolitan City B without giving medical treatment. As D (the age of 43) is the first physician of the emergency room in the medical treatment, the Defendant was able to write down the body of the victim by attaching the body of the victim on his hand.

As a result, the defendant interfered with the treatment of emergency medical personnel for emergency patients.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on investigation (the sequence 3 of evidence list);

1. Application of CCTV-related Acts and subordinate statutes;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the suspended sentence shall be determined by taking into account the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the argument of the instant case.

The crime of this case was committed on the ground that the Defendant, who found an emergency room in the state of detention, waiting for the emergency room without immediately treating him/her. The assault against emergency medical personnel led to the injury to other patients in an emergency situation, and thus, the Defendant’s responsibility is not weak.

There are many criminal records due to the same kind of violence.

The favorable circumstances are confession and reflective.

It was agreed with the victim at the investigation stage.