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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. No person who violates Emergency Medical Services Act 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, threat of force or other means;
Nevertheless, on April 18, 2019, from around 23:02 to 23:04 of the same day, the Defendant requested the victim D (25 years of age) who is a doctor in the C Hospital emergency room located in Bupyeong-gu Incheon Metropolitan City, to leave the above hospital to treat the E, while checking the Defendant’s daily condition of E, the Defendant taken the treatment process using a mobile phone while drunkly under the influence of alcohol while taking the treatment process. From around 23:12 of the same day to 23:19 of the same day, the Defendant obstructed the above emergency room’s first aid by photographing the victim F (n, 24 years of age), G (n, 23 years of age) who is a nurse belonging to the above hospital from around 23:02 to around 23:04 of the same day. However, without complying with the request, the Defendant obstructed the emergency room’s first aid by taking the cell phone on his/her face while sounding.
Accordingly, the defendant interfered with emergency medical personnel's first aid for emergency patients by force.
2. The Defendant, who interfered with business, took place outside the place by the security personnel of the hospital at the time, time, and place described in paragraph (1) and, from 23:22 to 23:30 on the same day, caused the disturbance to the victim H (34 years of age), who is the principal officer and staff of the above hospital, before the above hospital’s receipt office, with a sound stating, “I would like to see why it is so other. If so, I would like to see the width fault.”
Accordingly, the defendant interfered with the victim's hospitalization duty by force.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D, H, F, and G;
1. Application of Acts and subordinate statutes to a investigation report (CCTV image investigation, etc.), CCTV editing data, and investigation report (No. 13, No. 14)
1. Relevant Article 314 (1) of the Criminal Act, Article 60 (2) 1 of the Emergency Medical Services Act, and Article 12 of the Emergency Medical Services Act concerning criminal facts, the choice of punishment, etc.;