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(영문) 인천지방법원 2020.09.09 2020고정1123

응급의료에관한법률위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

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 02:00 on September 1, 2019, the Defendant found in the C Hospital emergency room located in Seo-gu Incheon, Seo-gu, Incheon. At around 01:00 on the same day, the Defendant was dissatisfied with the fact that he was refused to provide medical treatment for the reason of disturbance in the C Hospital emergency room at the above C Hospital emergency room at around 01:00 on the same day, and the nurse D who provided medical treatment for the patient at a certain point “I amboms, I am back, I am back, I am back, and threatened the nurse E who had been employed in the next day of the D with “I ambom, I ambom, I ambom,” and threatened the nurse E who had been employed in the next day.

As a result, the defendant interfered with first aid or treatment of emergency patients by emergency medical personnel by assault and intimidation.

Summary of Evidence

1. Application of Acts and subordinate statutes of 112 Report E of the written statement prepared by the police concerning the defendant's legal statement D (Evidence List 9);

1. Article 60 (2) 1 and Article 12 of the Emergency Medical Service Act concerning facts constituting an offense and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;