beta
(영문) 수원지방법원 2020.02.12 2019고단6657

응급의료에관한법률위반

Text

Defendant shall be punished by a fine of 6 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 or by other means, or destroy, damage or occupy medical facilities, equipment, medicines or other objects for emergency medical services provided by a medical institution, etc.

Nevertheless, at around 19:50 on October 2, 2019, the Defendant: (a) 19:50, in the C Hospital emergency room located in Masung City B; (b) putting the hand ties installed in the emergency room column on three occasions due to the absence of the hand ties; (c) putting the monitors installed in the emergency room column on hand; and (d) destroying the stand part of the above monitors; and (e) threatened the nurse D, etc. of sounds, such as “sprink, emergency room, and fluort the body of the bitf bitch, etc.”

Accordingly, the Defendant interfered with the medical treatment of emergency medical personnel, and damaged the medical facilities for emergency medical treatment.

(A) Although the Defendant asserts that there was no damage to the monitoring stand part, according to the following evidence, the Defendant’s assertion is without merit since part of the stand supporting the monitoring is found to have been destroyed. The summary of the evidence is without merit.

1. Defendant's legal statement;

1. Each statement;

1. Investigation reports (the analysis of CCTVs in emergency room);

1. Application of statutes, such as site photographs;

1. Article 60 (2) 1 and Article 12 of the Emergency Medical Service Act concerning facts constituting a crime and the choice of fines;

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act, of the provisional payment order, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances - The defendant shall be injured, injured, broken, or injured.