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(영문) 인천지방법원 부천지원 2019.09.26 2019고단2309
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 becomes 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, equipment, medicines, or other objects for emergency medical services provided by a medical institution, etc.

Nevertheless, at around 13:30 on July 1, 2019, the Defendant, at the first floor of the C Hospital located in Kimpo-si B, was drunk and transmitted to the above hospital, and was under treatment, without any justifiable reason, she obstructed the victim’s Defendant and other emergency patients by force by force, such as: (a) coming to a trial fee to the victim D (31) who is an emergency medical technician belonging to the above hospital, who treated the Defendant; and (b) assaulting the victim’s side gate once and once again; and (c) approximately 20 minutes of the victim’s 20 minutes of the victim “I Y Y Y Y Y Y Y Y Y Y Y Y YY YY YY YY YY YY YY YY YY YY YY Y YY YY Y YY YY YY Y YY YY YY YY Y

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on site photographs;

1. Article 60 (2) 1 and Article 12 of the Emergency Medical Service Act concerning criminal facts and the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order - The defendant recognizes and reflects wrongness.

- The Defendant assaulted emergency medical personnel under the influence of alcohol, obstructed the treatment of other emergency patients by avoiding a disturbance, and the nature of the offense is not good.

- The victim agreed smoothly with the victim.

- The defendant has been punished for both violent crimes and several times.

Most of them are previous years before 2005, but they are subject to punishment of fine of 5 million won due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which assaulted a driver in the influence of alcohol on June 1, 2018.

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