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(영문) 전주지방법원군산지원 2020.08.12 2020고단520

응급의료에관한법률위반

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 14, 2020, at around 19:55, the Defendant was in the emergency room of C Hospital B in Gunsan-si, Gunsan-si, and was discharged from the 119 first aid unit due to the head injury.

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 the radiation room exclusively for emergency patients in the above emergency room, the Defendant took one time at the right edge of the victim D (the age of 25) who is a radiation company taking X-RAY against the Defendant at the above emergency room.

Accordingly, the defendant interfered with the treatment of emergency medical personnel for emergency patients by means of assault.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of photographs);

1. Relevant Article on crimes and Articles 60 (2) 1 and 12 of the Emergency Medical Service Act concerning the Selection of Penalties;

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that, considering the regulatory purpose of the Act to enable anyone to receive prompt and appropriate emergency medical services in an emergency, the nature of the crime committed by an emergency medical personnel per se is very poor in the content of the crime committed by the use of violence, and that a person re-offending without any warning even though there are many past records of criminal punishment such as a suspended sentence sentence due to the crime of the same kind of violence, the defendant is aware of and reflects the crime, that the defendant agreed with the victim, that the defendant’s age, character and behavior, family environment, etc. are considered as favorable circumstances in the last society, the execution of imprisonment and community service order shall be suspended by adding