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(영문) 전주지방법원 2017.06.08 2016고단2008
응급의료에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 23:40 on October 1, 2016, the Defendant: (a) in an emergency room in E Hospital located in U.S., the Defendant: (b) provided the victim G (56) who was a doctor who was on duty at the emergency room of the above hospital, while working in the emergency room of the above hospital, while she provided the victim’s head flick; (c) took care of the victim’s face flick; (d) 3 times with the hand floor and drinking; and (e) flick part of the victim’s face flick part of the victim’s right blick part of the victim’s right blick part; and (e) inflicted injury, such as damage to the head flick and other parts necessary for the treatment of approximately three weeks, on one hand, on the part of the victim’s head flick.

As a result, the Defendant interfered with the medical treatment of emergency patients, and at the same time inflicted injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Reports on internal investigation and investigation reports;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 257 (1) of the Criminal Act (the point of injury) concerning the facts constituting an offense, Article 60 (1) 1 and Article 12 of the Emergency Medical Service Act (the point of interference with emergency medical services);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on the crimes of serious bodily injury);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;

2. The sentencing criteria of the recommended sentencing criteria do not include the method of dealing with ordinary concurrent crimes, and thus, in this case, the sentencing criteria for the crime of injury should be seen as a reference meaning.

[Determination of the type] There is no type 1 (general injury) [the person subject to special sentencing] of violence (the scope of recommended punishment] [the scope of punishment from April to June].

3. In this case, a sentence shall be drunk for a victim who is a physician in charge of emergency medical services by the defendant.

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