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(영문) 춘천지방법원 영월지원 2018.02.06 2017고단436
응급의료에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall interfere with emergency rescue and emergency treatment or medical treatment of emergency patients by persons engaged in emergency medical services by means of violence, intimidation, deceptive scheme, threat or other means, or destroy or damage or occupy medical facilities, machinery, drugs or other objects for emergency medical services provided by medical institutions, etc.

Nevertheless, from September 2, 2017 to 08:05, the Defendant had already received medical treatment from the “C Emergency Service Center” located in Thai City B, such as bridge pain, etc., but without any particular reason, she interfered with the diagnosis and treatment of emergency medical workers by force by avoiding disturbance, such as having d (33 years old) and other medical workers, who are employees of the above hospital, take a bath through a large amount of voice, getting out of her head, and engaging in conduct that seems to have been able to lead to the medical workers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site reports;

1. Application of internal investigation reports (Attachment of CCTV images in an emergency room), photographs by capturing a course, and CD-related Acts and subordinate statutes;

1. Article 60 (1) 1 and 12 of the relevant Act on the Punishment of Criminal Crimes and the Emergency Medical Service Act on the Selection of Punishment, Articles 60 (1) 1 and 12 of the same Act and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's crime of exercising the power against an emergency medical service employee under the influence of alcohol is likely to result in a dangerous consequence by hindering the treatment of other patients who need emergency treatment in a timely manner, and other unfavorable circumstances such as the defendant's age, sexual behavior, environment, motive and consequence of the crime, etc., as stated in the records, shall be determined by the order, taking into account the following circumstances: (a) the defendant's reasons for sentencing under Article 62-2 of the Social Service Order Act, such as the recognition of the crime of this case; (b) the degree of power is relatively not severe; and (c) the defendant's crime of exercising the power against an emergency medical service employee

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