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(영문) 서울동부지방법원 2018.06.14 2018고단845

응급의료에관한법률위반

Text

A defendant shall be punished by imprisonment for four 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.

Nevertheless, the Defendant, within the D Emergency Hospital located in Gangdong-gu Seoul Metropolitan Government from around 07:00 to around 07:40 on November 5, 2017, 201, expressed the emergency nurse E and F with the desire to “two years” on the ground that even if medical professionals’ complaints for their services were made up of the amount of truth control while the number of medical professionals’ complaints were being raised, the Defendant would not timely cut off the number of medical professionals’ complaints; and the victim G in charge of nursing in the emergency room “Isson,” to the Defendant;

In order to the effect that “I will not take the test to cut son,” the victim expressed the victim’s desire to “I Y, I am this two-year, I am this year, I am the victim’s hand-on, and am the victim’s hand-on, and interfered with the victim’s treatment by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of G, E, and H;

1. Mobile phone photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on the Punishment of Criminal Crimes and Article 60 (1) 1 and 12 of the Emergency Medical Service Act on the Selection of Punishment, and Selection of Imprisonment with prison labor (the poor quality of a crime, and many criminal convictions for the prevention of recurrence);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the degree of force, reflect, etc.);

1. The community service order under Article 62-2 of the Criminal Act;