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(영문) 청주지방법원 제천지원 2015.06.04 2015고단64

응급의료에관한법률위반

Text

A defendant shall be punished by imprisonment for 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, force, or other means.

Nevertheless, on January 2, 2015, at the C Hospital Emergency Service Center located at 22:50, 2015, the Defendant: (a) misleads the victim D (30 years of age) who is a doctor belonging to the above hospital, expressed the Defendant’s desire to her; (b) thereby threatening the victim to “I am informed of the victim”, “I am informed of the victim by gathering the blood pressure frame in the emergency room; (c) I am the hospital employees, and prevented the patient’s treatment by force for about 30 minutes, such as the vehicle bombing.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Case report

1. A copy of clinical records of emergency medical services;

1. A criminal investigation report (a description of the details of CCTV and CCTV recorded therein);

1. Application of the Acts and subordinate statutes governing blood pressure photographs and photographs explanation;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant has been subject to punishment several times as violent crimes, and even if having been sentenced to imprisonment, he/she committed the crime of this case, he/she is disadvantageous to the defendant. The defendant is led to the confession of the crime of this case and is against the defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.