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(영문) 인천지방법원부천지원 2020.12.08 2020고단2662

응급의료에관한법률위반

Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

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, around 00:47 on February 24, 2020, the Defendant assaulted the victim's neck on one occasion in the C Hospital emergency room located in Seocheon-si B, 2020, from the victim D (n'e, 31 years of age) who is a nurse to the extent that he cannot drink any water to conduct an illegal beer inspection.

As a result, the defendant interfered with the treatment of emergency medical personnel by violence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of D's written diagnosis;

1. Article 60 (2) 1 and Article 12 of the Emergency Medical Service Act on criminal facts;

1. Selection of an alternative fine for punishment;

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

1. Comprehensively taking into account the following factors: (a) the reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order; (b) the degree of interference with the examination and treatment of an emergency room; and (c) the fact that a large number of criminal offenders including violent crimes have been sentenced to criminal punishment at least eight times, did not agree; and (d) confession