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(영문) 대구지방법원서부지원 2020.09.11 2019고단566
응급의료에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Criminal Power】 On May 26, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for the principal building and fire prevention at the Daegu District Court, and completed the execution of the sentence at the detention center on February 25, 2018.

【Crime of Crimes】 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, 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 05:00 on February 20, 2019, the Defendant interfered with 20 minutes of emergency medical activities, such as taking an emergency medical service worker D (here, 29 years of age) who works in the above emergency room while under the influence of alcohol, taking a bath, displaying a drinking, and displaying a drinking, while withdrawing stability in the C emergency room located in the Daegu-gu Seo-gu, Daegu-gu, 2019, and occupying the equipment by putting the equipment for medical use (Handbath) into mind.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports on each written statement of the D and E (Investigation of CCTV in a hospital), criminal investigation reports (Investigation of persons related to emergency room), and logs of nurses;

1. Previous convictions in judgment: Criminal records and other inquiries, investigation reports (report on suspect-related criminal records and file reports with court rulings, etc.), and application of statutes on personal confinement status;

1. Article 60 (2) 1 and Article 12 of the Emergency Medical Service Act concerning criminal facts and the choice of punishment, and the choice of imprisonment;

1. Since the reason for sentencing Article 35 of the Criminal Act, among repeated offenders, has many history of criminal punishment, and the Defendant committed the instant crime during the period of repeated crime, it is inevitable to sentence the Defendant’s sentence.

Considering the fact that the defendant was led to confession and reflect, all other circumstances that form the conditions for sentencing as shown in the records of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, after the crime was committed.

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