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(영문) 울산지방법원 2019.05.09 2019고단768
응급의료에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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.

On February 15, 2019, at the “C Hospital” emergency room located in Ulsan-gu, Ulsan-gu, Seoul-gu, and on the ground that the Defendant did not promptly treat the Defendant’s friendship D, the Defendant stated that “A doctor E (the age of 36) working in the above emergency room promptly treats the patient as to whether he/she was influencing, singing, treating the patient, treating the patient, singing, treating the patient, immediately, singing, and immediately, singing the body to the above E, threatening the above E when he/she was pushed, threatening the person related to the above hospital, raising the body to the above E, and interfering with the examination and treatment of the emergency patient by force of emergency medical personnel by 20 minutes.”

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A CCTV image closure photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 60 (2) 1 and Article 12 of the Emergency Medical Service Act on the facts constituting an offense;

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

1. In light of the fact that probation and community service order have several criminal records and several times of the reason for sentencing under Article 62-2 of the Criminal Act, and that it is difficult to find a serious attitude of reflectivity, such as maintaining the attitude of rationalizing his/her wrongness by taking into account the issue of the doctor’s attitude, there is a concern for re-offending without being subject to

However, it shall be decided as per the disposition in consideration of the fact that it is not a direct exercise of physical force for the body, an contingent crime, etc.

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