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(영문) 수원지방법원 2019.07.26 2019고단853
응급의료에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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, force, or other means.

Nevertheless, the Defendant, around 19:45 on December 7, 2018, at the regional medical care center in the regional medical care center in Sungnam-si, Sungnam-si, 173-ro, 173-ro, and 82, caused a disturbance to B (the age 24) who is an emergency medical technician, "I am to see whether I am to be treated in the capacity of Nson, I am to am "I am to am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I.

Accordingly, the defendant interfered with emergency medical treatment of nurses and emergency medical technicians who are emergency medical personnel by means of assault, etc.

Summary of Evidence

1. Defendant's legal statement;

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

1. A report on investigation;

1. Application of attachment (CCTV analysis data, CD image)-related Acts and subordinate statutes;

1. Articles 60 (2) 1 and 12 of the Emergency Medical Service Act concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant interferes with emergency medical treatment by assaulting an emergency medical technician or nurse within the emergency room, and the nature of the crime is not weak.

The defendant has been punished for a crime of bodily injury on two occasions.

However, the fact that the defendant recognized the crime of this case and divided his mistake, that the defendant agreed with B, C, and that the defendant still has no record of punishment more than suspended execution, and since 2012, there is no record of punishment more than suspended execution.

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