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(영문) 수원지방법원 안양지원 2019.03.22 2018고단1862
응급의료에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

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, in the emergency room located in the Gu from around 22:04 to 22:30 on October 11, 2018, the Defendant: (a) expressed that, in the emergency room located in the Gu, D of the above hospital did not give preferential treatment to the Defendant; (b) expressed that, among doctors, nurses, and patients in the emergency room, the Defendant was able to say that, “I am out of the hospital, I am out of the hospital”; and (c) expressed that “I am out of the hospital, I am out of the hospital,” and that “I am out of the hospital, I am out of the hospital, I am out of the bar,” and am out of the bar beds, and am out of the house, and spawd it was difficult to avoid disturbance over about 26 minutes, such as marking on the floor.

Accordingly, the Defendant interfered with the treatment of emergency medical personnel for emergency patients by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. CCTV image data closure photographs;

1. Application of Acts and subordinate statutes to investigation reports (Submission of sound recording files);

1. The rationale for sentencing under Article 60(1)1 and Article 12 of the Emergency Medical Service Act for criminal facts and the Act on the Selection of Punishment appears to be the attitude that the defendant recognized the crime and reflects the mistake.

However, even though the defendant had been punished by imprisonment with prison labor for the same crime, he again committed a crime.

The punishment shall be determined as ordered in consideration of the sentencing conditions, such as these circumstances, degree of influence, age, character and conduct, environment, etc. of the defendant.

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