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(영문) 서울북부지방법원 2019.08.28 2019고단1837
응급의료에관한법률위반
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, force, or other means.

Nevertheless, at around 21:15 on April 6, 2019, the Defendant, within the C Hospital emergency room located in Jung-gu Seoul, Jung-gu, Seoul, 2019, replaced with the nurse D in the emergency room on the ground that the patient's slurf was dead, and "if the patient finds new slurfs by confirmingCCTV, it shall not be available only if found slurfs," and "to the physician E in the emergency room who demanded the company to take the above action against the Defendant's above," and "to the emergency doctor F in the emergency room who continuously prevented the Defendant's action," it was difficult to avoid a disturbance for about 20 minutes, such as "hurf," and "hurd, sound, hurd, etc.".

Accordingly, the defendant interfered with the physician E, F, and nurse D in an emergency room by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. Each E statement;

1. Application of the Acts and subordinate statutes to photograph CCTV images;

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 shall be determined as ordered in consideration of the following: (a) interference with emergency medical services and the liability for such crime is not less severe; (b) there is no record of criminal punishment other than this case; (c) the defendant recognized his mistake and reflects it; (d) the defendant's age, character and conduct, environment, circumstances of the crime

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