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(영문) 서울동부지방법원 2019.05.17 2019고단756
응급의료에관한법률위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Criminal facts

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

Nevertheless, at around 23:50 on February 7, 2019, the Defendant was waiting in the C Hospital emergency room located in Gwangjin-gu Seoul Special Metropolitan City, to take care of and treat the 119 first-aid vehicle, and the victim D (M, 34 years old) who is the nurse of the above hospital, was assaulted on the right side of the victim due to defects in order to keep the number in arms.

Accordingly, the defendant interfered with first aid by assaulting emergency medical personnel in an emergency room.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to report internal accidents (the analysis of CCTV images at the scene of occurrence);

1. Relevant Article on crimes and Articles 60 (2) 1 and 12 of the Emergency Medical Service Act concerning the Selection of Penalties;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as "the favorable circumstances for the reason for sentencing") / [The defendant has obstructed emergency medical personnel's first aid, etc. by using violence in an emergency room. The crime was committed in multiple times, despite the fact that there has been a record of criminal punishment due to violent crimes, again again despite the fact that the defendant has been subject to criminal punishment. The defendant has been in an emergency room for the 119 first time. The defendant was placed in an emergency room in the 119 first time. The victim, who is a nurse, did not focus on the degree of assaulting that the victim did not want to be punished against the defendant. In addition, the defendant's age, character and behavior, motive and circumstances of the crime are as follows.

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