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(영문) 대전지방법원 2014.07.10 2014노230
응급의료에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant reported that his wife might cause inconvenience to hiding himself, and requested medical personnel to cut down the front part of the wood protection unit worn by the wife, and there was no fact that he interfered with emergency medical services by force, such as this part of the charges, as stated in this part of the charges.

B. Although the Defendant was merely intending to re-enter into the emergency medical center to return his wife to another hospital, the police officers did not properly explain the Defendant’s reasons and did not engage in any act as stated in this part of the facts charged, and did not constitute the elements of obstruction of performance of official duties because it constitutes an unfair performance of official duties, and thus does not constitute the elements of obstruction of performance of official duties.

2. Determination

A. Article 12 of the Emergency Medical Service Act provides that an emergency medical personnel may not interfere with the rescue, transfer, first aid, or medical treatment of an emergency patient by means of violence, intimidation, deceptive scheme, threat, force, or any other means, or destroy, damage, or occupy the medical facilities, equipment, medicines, or other instruments for emergency medical services provided by a medical institution, etc., and the patient shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding 30 million won (Article 60(1) of the same Act; and evidence duly adopted and examined by the court below reveals that the Defendant’s wife E was sent to the D Hospital Hospital Hospital on June 21, 2013 through the 119 Emergency Medical Service Center; ② at the time, E was not food and the patient’s medical personnel was in a critical condition, and ③ at the time, the patient’s medical personnel was in a state of humbroe or humebrate, and thus, the patient was in a state of hume at the time.

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