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(영문) 서울북부지방법원 2018.05.25 2018고단1210

응급의료에관한법률위반등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. No person who violates the Emergency Medical Service Act shall interfere with rescue and emergency treatment or medical treatment of an emergency patient engaged in providing emergency medical services by means of violence, intimidation, deceptive scheme, threat of force or other means;

Nevertheless, on November 17, 2017, the Defendant: (a) at an emergency room of “C Hospital” located in Seoul Central Central Government Central Government, around 02:30 on November 17, 2017; (b) provided D, a physician providing emergency medical services, with a large interest of “Irra sty . . s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. s. h

In doing so, “The face of the defendant was obstructed by force, such as taking the victim’s face, while taking a large bath,” and obstructing emergency medical treatment.

2. The Defendant expressed the victim F, a security guard of C hospital, who prevents the Defendant from committing the act as described in paragraph 1, at the time, at the place, and at the time, at the victim F, who is a security guard of C hospital, as described in paragraph 1, with the large interest of “I ambling. I do further,” in the presence of police officers in D, E, and dispatch.

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of F, D, and E;

1. To cut off on-site CCTVs and apply the statutes governing on-site CCTVs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 60(1)1 and 12 of the Emergency Medical Service Act on the Selection of Punishment (the point of obstructing emergency medical services workers), Article 311 of the Criminal Act, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;