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(영문) 서울중앙지방법원 2019.01.24 2018고정207
응급의료에관한법률위반
Text

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

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

Reasons

Punishment of the crime

At around 23:00 on June 2, 2017, the Defendant was waiting for a waiting room for the victim D (30 years of age, remaining) who was a doctor in the C Hospital emergency room located in Gangnam-gu Seoul Metropolitan Government C Hospital B in Gangnam-gu Seoul Metropolitan Government.

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, influence 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, the defendant, who is a doctor, has interfered with medical treatment by assaulting the victim, such as flabing flaps, on the ground that the victim's flab was infe

Summary of Evidence

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to investigation reports (on-sitectv investigation);

1. Article 60 (1) 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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