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(영문) 서울중앙지방법원 2017.01.19 2016고단5854
응급의료에관한법률위반등
Text

1. The defendant shall be punished by a fine not exceeding 1.2 million won;

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall interfere with the rescue, transfer, emergency treatment, or medical treatment of an emergency patient by persons engaged in emergency medical services by means of violence, intimidation, deceptive scheme, threat, or other means.

On June 14, 2016, at around 04:48, the Defendant was enrolled in the annual household school located in Gangnam-gu Seoul Metropolitan Government 146-92, and the Schannam Scuk-gu Schan emergency room in the university Gangnam-gu, Gangnam-gu, Gangnam-gu, the Defendant ex officio corrected part of the facts charged to the extent that it does not interfere with the Defendant’s exercise of the Defendant’s right to defense, by reason of the fact that C, who is an emergency doctor of the above hospital, was influenced to himself/herself.

The violence interfered with emergency treatment, treatment, etc. of C emergency patients who are engaged in emergency medical services.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, D, and E;

1. Application of each investigation report (the sequence 8, 11 of the list of evidence) and accompanying Acts and subordinate statutes;

1. Article 60 (1) 1 and 12 of the relevant Act on Criminal facts and the Emergency Medical Service Act on the Selection of Punishment, and Selection of Fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

Unfavorable circumstances: A doctor of an emergency room who is engaged in the duty to protect the lives and health of emergency patients is hindered.

In the past, there is a history of punishment for the same violence crime.

The favorable circumstances: The circumstances leading to the crime of this case and the motive for the crime of this case are not clear.

The neglect and degree of the assault itself are relatively minor.

There is no record of imprisonment without prison labor or heavier punishment for the same crime of violence.

The prosecution shall be dismissed.

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