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(영문) 서울북부지방법원 2019.07.25 2019고단653
응급의료에관한법률위반등
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Criminal facts

1. Defendant A

A. On December 3, 2018, the Defendant sent back to the F Hospital Emergency Service in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, upon considering his head as a glass disease while drinking alcohol at the first floor D store in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City on December 3, 2018.

At the entrance of the emergency room of the above hospital at around 21:41 on the same day, the Defendant: (a) took a re-measurement of blood pressure, and on the ground that he does not promptly harm the treatment, and (b) assaulted the victim's side gate by stick, which was in possession of the victim's 30 years old, from G (the 30-year old) security personnel, on one occasion; and (c) at around 21:55 on the same day, the Defendant assaulted the victim's her son at one time.

(b) No person who violates Emergency Medical Services Act shall interfere with the first aid or medical treatment of an emergency patient by emergency medical personnel by means of violence, intimidation, deceptive scheme, threat, or other means;

Nevertheless, around 21:51 on December 3, 2018, at the emergency room of the F Hospital, the victim committed assault against knenee in the victim by being informed of the emergency department managing the patient and receiving treatment according to the procedure from the victim H (35 years of age) who is an emergency department managing the patient.

Accordingly, the defendant assaulted emergency medical personnel to interfere with the treatment of emergency patients.

2. On December 3, 2018, at the entrance of the emergency room at the above F Hospital, the Defendant committed assault by the Defendant’s arms and breast part of the victim’s arms and chests by neglecting the disturbance that A’s treatment had been delayed from G (30 years of age).

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Each police statement of H and G;

1. Report on occurrence (Violation, etc. of the Emergency Medical Service Act);

1. Application of CCTV CD-related Acts and subordinate statutes;

1. Article 60(1)1 and Article 12 of the former Emergency Medical Service Act, Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, and Article 260(1) B of the choice of imprisonment: Article 260(1) of the Criminal Act, and Article 260(1).

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