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(영문) 광주지방법원 목포지원 2016.06.30 2016고단288

응급의료에관한법률위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is a patient B who visited the emergency room of the medical center at the time of fighting with another person.

No person shall interfere with the rescue, transfer, emergency treatment, or medical treatment of an emergency patient 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.

Nevertheless, on October 22, 2015, from around 20:30 to 20:35, the Defendant: (a) explained that, within the Emergency Center of the Mapo-si Medical Center, a doctor on duty was on the basis of the Defendant’s driver B (71 tax) patient B (71) who is the Defendant’s driver; (b) subsequently, the Defendant expressed that advance payment of medical expenses would be necessary; (c) 500,000 won should be required for the inspection; and (d) expressed that the Defendant’s flap caused the face by the flab and interfered with the emergency medical treatment of approximately five minutes by assaulting the doctor on duty, such as smugglinging the flab face with the flab and killing the flab with the flab, thereby interfering with the emergency medical treatment of approximately five minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Efusing a photograph of the damaged part of the assault and CCTV image data;

1. Application of Acts and subordinate statutes to report internal accidents ( CCTV image data in an emergency room for medical sources), investigation reports (determination on interference with emergency medical services, etc.);

1. Article 60 (1) 1 and 12 of the Act on the applicable criminal facts and the Emergency Medical Service and the Selection of Punishment, and Selection of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., extenuating circumstances, including the fact that the commission of the crime was committed and the degree of interference with the medical treatment is relatively minor);