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(영문) 수원지방법원 안산지원 2020.04.22 2020고단184
응급의료에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

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, medicines, or other instruments for emergency medical services provided by a medical institution, etc.

Nevertheless, at around 00:10 on January 2, 2019, the Defendant delayed treatment due to other emergency patients at the B C Hospital emergency room at Silung-si, 00:0:10, and the Defendant expressed his desire to ask questions about the circumstances surrounding the delayed treatment of the patient, and attached a monitor installed on his/her book.

As a result, the Defendant destroyed and damaged medical facilities for emergency medical services.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to monitor a suspect's drinking and not showing the screen, or to capture CCTV images in an emergency room;

1. Article 60(1)1 and Article 12 of the former Emergency Medical Service Act (Amended by Act No. 16252, Jan. 15, 2019); the choice of imprisonment for a crime and the choice of a sentence

1. The grounds for sentencing under Article 62(1) of the Act on Suspension of Execution may have a record of violent crimes in sentencing under Article 62(1) of the Criminal Act, taking into account all the circumstances, including the fact that the defendant's behavior is not good at the time of committing the crime, and the monitor installed in the emergency department the medical facilities damaged by the defendant are not facilities directly connected

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