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(영문) 광주지방법원 2020.12.17 2020고단5400
응급의료에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

On October 18, 2020, the Defendant came to the C Hospital emergency room located in Seo-gu, Gwangju Metropolitan City around 04:10 on the same day, in order to treat the bad finger by suffering the tear of tear, while drinking alcohol in a fluorial cluster located in the Seo-gu, Gwangju Metropolitan City.

The Defendant demanded that the entrance door be opened to the victim D (n, 27 years of age) who is a nurse working at that place, and provided guidance that the victim and E, who is a management employee, cannot enter the emergency room after undergoing the literature-related procedure under the circumstances of conaa 19, the Defendant was unable to have access to the emergency room. The Defendant continued to open the door and opened the entrance, and was unable to avoid any disturbance by opening the door, and entered the emergency room into the emergency room by using the open gap for other patients’ access. The Defendant was sprinked twice by hand from the victim and E, and was sprinked twice by the nurse’s body by hand.

Accordingly, the defendant assaulted the victim who is an emergency medical personnel and interfered with the treatment of the emergency patient.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Written statements prepared in relation to D and F;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article on criminal facts and Articles 60 (2) 1 and 12 of the Emergency Medical Service Act on the Selection of Punishment and Punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is highly likely to be criticized in that the defendant thought only treatment for himself/herself, and forced him/her to refuse to give due guidance to him/her and forced him/her to enter a hospital in an unreasonable manner, and assault the victim.

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