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(영문) 수원지방법원 2017.01.23 2016고단7047
응급의료에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall interfere with the rescue, transfer, emergency treatment, or medical treatment of an emergency patient by a person engaged in emergency medical services by means of violence, threat, deceptive scheme, or by other means, or destroy, damage, or occupy medical facilities, equipment, medicines, or other objects for emergency medical services of a medical institution, etc.

Nevertheless, on September 4, 2016, from around 01:00 to around 03:00 of the same day, the Defendant: (a) was under medical treatment in the Seocho-si Emergency Medical Center at the Seopopo-si, Seopo-si 47, on the ground that he was not hospitalized; (b) was thrown away from her blood pressure engine on the ground that he was not hospitalized; (c) took a bath for doctors and patients working in the relevant area; (d) took a breath of the security staff of the hospital who breath; and (e) took a breath from the gate at the entrance of the treatment room and the treatment room; and (e) interfered with the rescue, transfer, emergency treatment or treatment of emergency patients by force, etc. on the road on which the emergency vehicle enters.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement B, C, and D;

1. An investigation report (to attach CCTV files of CCTVs in an emergency room of the Seogpath Medical Center and photographs after closure);

1. Application of statutes on field photographs;

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

1. Selection of imprisonment with prison labor chosen;

1. The sentence shall be imposed as ordered in consideration of the circumstances leading to the crime in which the defendant committed the crime as indicated in the judgment, the power of the defendant and the degree of damage caused thereby, the defendant's attitude of reflectiveness and criminal records (which can have the power to be punished for violent crimes) and other conditions of sentencing as indicated in the record and the theory of change of the records.

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