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(영문) 수원지방법원 성남지원 2019.09.05 2019고단1466

응급의료에관한법률위반등

Text

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

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

Reasons

Punishment of the crime

1. No person who violates Emergency Medical Services Act shall interfere with the medical treatment of emergency medical personnel by means of violence, intimidation, deceptive scheme, threat, or other means;

At around 05:10 on June 10, 2019, the Defendant interfered with emergency medical services provided by the victim D, who is a medical doctor in an emergency department belonging to the above emergency department in Seongbuk-gu, Sungnam-si, where the victim D, who is a medical doctor in an emergency department belonging to the above emergency department, provides medical treatment to the defendant E, who is the defendant's will urgently dispatched by the 119 first responder, in order to the victim. However, the Defendant interfered with emergency medical services provided by the victim who treats an emergency patient, such as “Isn's opinion”, “Isn's disease,” and “Isn't die.”

2. The Defendant engaged in obstruction of performance of official duties, on the ground that the Defendant, at the same date and time, and at a place as stipulated in Paragraph 1, took a desire to keep up D, who is a doctor, and expressed desire to keep the Defendant’s arms continuously, and the Victim G, who is a fire-fighting official belonging to Sungnam Fire-Fighting Zone 119 emergency squad, brought the Victim G, who is a fire-fighting official belonging to Sungnam Fire-Fighting Station, into several instances, and puts the Defendant’s arms at one time.

As a result, the defendant interfered with the legitimate performance of fire officers' duties on emergency transportation and safety management of emergency patients.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. A written statement;

1. Investigation reports (Analysis of CCTV images);

1. Application of statutes on site photographs;

1. In light of the relevant Article of the crime, Articles 60(2)1 and 12 of the Emergency Medical Service Act on the Selection of Punishment, Article 136(1) of the Criminal Act, and the details of each fine selective crime, etc., the liability for the crime is not easy. However, the Defendant’s mistake is deeply divided, and both the victim’s intent and fire-fighting officer after prosecution are applied.