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(영문) 서울중앙지방법원 2019.07.25 2018고정2763

응급의료에관한법률위반

Text

Defendant shall be punished by a fine of 1.5 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, threat or by 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 June 30, 2018, between 20:30 and 00:16 the following day, the Defendant was receiving medical treatment from the hospital emergency room located in Seongdong-gu Seoul Metropolitan Government to the hospital emergency room, and the Defendant obstructed the medical practice by refusing to provide medical treatment by raising the body of the upper part of the hospital for emergency medical treatment, excluding the injection by himself/herself, and continuing to spread the skin.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Written statements of D;

1. On-site CCTV photographs;

1. A report on the occurrence of a crime [it is acknowledged that the Defendant, as alleged by the Defendant, did not intentionally attempt to give out the victim, the Defendant, based on the evidence duly admitted that the Defendant, without medical instruction, voluntarily deducted from the arms for the reason that the Defendant was making the injection, and that the Defendant got the injection. In addition, according to the evidence above, the fact that the Defendant went back to his bath and went back, and that the Defendant interfered with medical practice is also

1. Relevant Article on criminal facts and Articles 60 (1) 1 and 12 of the former Emergency Medical Service Act (Amended by Act No. 16252, Jan. 15, 2019) concerning the selection of punishment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order: unilaterally refused medical treatment, and obstructed medical practice by having the emergency room and the corridor of the hospital enter the emergency room and the hospital.

The favorable circumstances: Along with the year of 2008, there are many criminal records.

(1) an emergency room;