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(영문) 의정부지방법원 2016.09.08 2016고단2010
응급의료에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

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, threat, or other means, or destroy, damage, or occupy medical facilities, equipment, medicines, or other instruments for emergency medical services provided by a medical institution, etc.

At around 17:10 on May 3, 2016, the Defendant continued to engage in an emergency medical treatment for the Defendant at the C Hospital X-ray room located in Ma-si B, MaI imprint, and repeated actions that seem to be “I would die, EXE,” and obstructed the treatment of emergency medical personnel in the manner of taking out medicine bags, such as her face at hand in the emergency room at night, and her night watch in the emergency room at around 18:15 on the same day, and her disturbance, such as her part on the night watch in the emergency room at night, and her part on the front corridor of the watchkeeping room, and she interfered with the treatment of emergency medical personnel by taking a computer monitor and taking the medicine bags.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. Application of investigation report (Attachment ofCCTV fixs) and on-site photograph Acts and subordinate statutes;

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. The instant crime on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is an offense that interferes with emergency medical services provided by an emergency medical personnel, and thus is likely to harm the life and health of an emergency patient, and thus, it is necessary to strictly punish the patient in light of the risk.

However, the sentencing conditions specified in pleadings, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., shall be determined as the order, considering the fact that the defendant's mistake and reflects the defendant's mistake, there is no record of punishment exceeding the fine, and the defendant's age, character and conduct, environment, motive, means

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