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(영문) 서울북부지방법원 2020.10.14 2020고단2880
응급의료에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

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, at around 02:00 on June 18, 2020, the Defendant was in the C Hospital emergency room located in Gangseo-gu Seoul Metropolitan Government, and it was difficult for the emergency medical technician D and E to take a bath with a large voice called “I am unable to be hospitalized, I am the same as the bit of bitch bitch bitch bitch bit,” and the Defendant was able to take a bath for about 20 minutes on the ground that the emergency medical technician D complained of kne-free pain and recommended the Defendant to return home.

Accordingly, the Defendant interfered with emergency treatment or treatment of emergency patients by force of emergency medical technicians.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Each investigation report (CCTV image, victim DNA telephone, hearing statements from victim D, and hearing statements from victim E);

1. Application of CCTV image CD-related Acts and subordinate statutes;

1. Relevant Article on crimes and Articles 60 (2) 1 and 12 of the Emergency Medical Service Act concerning the Selection of Penalties;

1. The crime of this case on the grounds of the suspended sentence under Article 62(1) of the Criminal Act (the favorable circumstances of the reasons for sentencing as follows) is deemed to have obstructed the first-aid or treatment of emergency medical technicians by having the defendant take a bath in the emergency room of a hospital, off the clothes, and obstructing the disturbance. Since such an act of interference with emergency medical services is likely to cause serious damage to other emergency patients in an emergency situation, it is necessary to strictly punish such act, the degree of interference with emergency medical services is not easy, and the defendant has a career of serving several criminal punishments including imprisonment for the same kind and this type of crime.

However, the defendant is recognized to commit the crime.

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