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(영문) 서울중앙지방법원 2016.11.03 2016고단5763
응급의료에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

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, around 13:50 on June 12, 2016, the Defendant interfered with the emergency medical personnel’s medical services by force, such as by force, on the ground that the emergency room of the Defendant was delayed in the hospital emergency room located in Gangnam-gu Seoul Metropolitan Government, on the ground that the procedure for the emergency room of the Defendant was delayed. However, on the ground that the procedure for the emergency room of the Defendant was delayed, the Defendant obstructed the emergency medical personnel’s medical services by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the F and E respective Acts and subordinate statutes;

1. Article 60 (1) 1 and Article 12 of the Emergency Medical Service Act concerning facts constituting a crime and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. According to Article 334(1) of the Criminal Procedure Act, the head of the defendant’s sentencing reason under Article 334(1) appears to have lodged an imminent situation in the criminal case in which he/she was in a critical condition, and the degree of exercising his/her tangible power appears to have reached the crime in this case; the medical measures taken by the emergency department could not have direct danger; and other circumstances, such as the defendant’s age, character and behavior, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the argument of this case, are considered.

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