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(영문) 대전지방법원 천안지원 2017.08.10 2017고단884

응급의료에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall interfere with the rescue, transfer, emergency treatment, or medical treatment of an emergency patient by persons engaged in emergency medical services by means of violence, intimidation, deceptive scheme, threat, or other means, or destroy, damage, or occupy medical facilities, equipment, medicines, or other instruments for emergency medical services provided by a medical institution, etc.

On May 20, 2016, at around 19:50, the Defendant, from the time of the emergency room of the D Hospital located in Nam-gu, Nam-gu, Namcheon-gu, Seoul, the Defendant: (a) threatened the physician E who treated patients including the Defendant, including the Defendant, for ten minutes; (b) posing a disturbance, such as taking a bath and taking a large amount of interest; and (c) harming the body of the security personnel F who restrains it; and (d) laid the chair used for medical treatment into the floor and damaged it.

As a result, the Defendant interfered with the medical treatment of emergency patients by force of those engaged in emergency medical services, and damaged the instruments for emergency medical services.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. A damaged photograph;

1. Application of the Acts and subordinate statutes to a criminal investigation report (Attachment of CCTV data in a criminal act), a criminal investigation report (Attachment of CCTV data and a cell phone screen-faculing outputs by cutting off the video data and cell phone images), and the closure of video images

1. Article 60 (1) 1 and 12 of the relevant Act on the Punishment of Criminal Crimes and the Emergency Medical Service Act on the Selection of Punishment, Articles 60 (1) 1 and 12 of the same Act and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination of punishment as ordered by comprehensively taking account of the following factors: (a) the fact that the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is recognized and contradictory to the fact that there is no record of criminal punishment heavier than the fine; (b) the fact that there is an agreement with D Hospital; and (c) the defendant’s age, sex, sex, family relationship, family environment, motive and means of the crime; and (d) other various sentencing