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(영문) 의정부지방법원 고양지원 2018.09.14 2018고정715
응급의료에관한법률위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

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

Nevertheless, on October 15, 2017, the Defendant was escorted by 119 first-aid staff members to the C hospital emergency room located in Yongsan-gu, U.S., and was transferred from around 03:35 minutes of the same day to the victim D (28 years old), emergency nursing private victim E (27 years old), F (26 years old), G (25 years old), and 10 minutes of the same day on the grounds that the medical personnel neglected to provide medical treatment for himself/herself. The Defendant expressed the victim D (28 years old), emergency nursing private person E (27 years old), F (26 years old), and G (25 years old) as “new and chewing,” and interfered with the emergency medical treatment of medical professionals for about 10 minutes by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement related to G;

1. Application of respective Acts and subordinate statutes of D, E, and F;

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

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract 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 not sufficient to commit the crime of this case where the defendant interferes with emergency medical services by force in the emergency room of a hospital.

Such crimes are likely to undermine the order of emergency medical institutions that perform medical services for emergency patients and disrupt the medical treatment of emergency medical service workers.

Therefore, it is necessary to strictly punish the defendant.

As to the specific sentencing, the defendant's act, the degree of uneasiness that the patient in an emergency room and emergency medical service workers were at the time, and the defendant's act has been up to now.

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