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(영문) 광주지방법원 해남지원 2019.05.02 2019고단59
응급의료에관한법률위반
Text

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

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

Reasons

Punishment of the crime

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

Nevertheless, at around 17:05 on January 13, 2019, the Defendant provided a bath to a nurse in an emergency room for the reason that he was sent after being transmitted by the 119 emergency squad while being under influence of alcohol at the “D Hospital” emergency room located in Ydonam-gun B, and had the victim’s doctor, who is an emergency medical personnel who prevented him from taking such a bath and requests assistance from the police. The Defendant provided the victim’s doctor, who is an emergency medical personnel requesting assistance from the police, with the 119 emergency squad, “I will throw away the probability, I will do so, and will be sentenced to imprisonment with prison labor,” and “I will interfere with the victim’s treatment by force for about 10 minutes.”

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of S;

1. A report on investigation (the sequence 7 in list of evidence);

1. 112 reported case handling table;

1. Records published in the emergency department, and records published in the emergency department;

1. Application of the Acts and subordinate statutes to a CCTV image closure photograph;

1. Article 60 (2) 1 and Article 12 of the Emergency Medical Service Act concerning facts constituting a crime and the choice of fines;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 50 million won;

2. Determination of sentence: A fine of 7 million won emergency room is a place where the patient’s life-related treatment is performed, so strict punishment is required for the act of obstructing the emergency medical service of medical personnel.

The defendant is related to violence several times, including criminal records.

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