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(영문) 창원지방법원 통영지원 2017.05.18 2017고단267
응급의료에관한법률위반등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal record] On January 28, 2016, the Defendant was sentenced to a suspended sentence of two years and six months for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (an indecent act by force against a minor under the age of 13) in the Changwon District Court’s branch branch on January 28, 2016. The judgment becomes final and conclusive on April 19, 2016, and is currently under the suspended sentence.

[Criminal facts] No person shall interfere with the rescue, transfer, emergency treatment, or treatment of an emergency patient by a person engaged in an emergency medical service by means of assault, intimidation, deceptive scheme, threat, or other means.

Nevertheless, on December 7, 2016, the Defendant was in the D Emergency Hospital, which is an emergency medical institution in Seoul, around 17:40 on December 7, 2016, and was sent to the above emergency room by the 119 Emergency Medical Service Team, and it was difficult for the Defendant to avoid disturbance by holding the Defendant under the influence of alcohol on the part of the Defendant in order to provide emergency treatment.

On the other hand, the defendant continued to have the victim's desire to see the defendant, "I see this dog", and had the victim's left blicked one time with the damaged hand floor.

As a result, the defendant interfered with the treatment of the emergency patients, and the victim suffered bodily injury, such as an internal influence, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police for E;

1. A report on internal investigation (related to attaching images and evidence video images on the upper part of the victim's body), investigation report (Attachment to a photograph of the CCTV in a DNA emergency room);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 60 (1) 1 and Article 12 of the Emergency Medical Service Act concerning facts constituting an offense (including where an emergency medical service provider obstructs emergency medical services) and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Reasons for sentencing of selective sentence of imprisonment [the scope of recommendation] general injury (the scope of general injury) is not subject to punishment (two months to one year) in the mitigation area (the person who has been specially mitigated).

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