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(영문) 인천지방법원 2019.01.10 2018고단7193
응급의료에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

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.

Nevertheless, at around 23:25 on September 17, 2018, the Defendant waiting for medical treatment in the C hospital emergency room located in Incheon B, and expressed it to the large interest of “the patient D(30 years of age)”, which is the nurse, “the patient D(30 years of age) has changed due to the emergency patient’s treatment,” and the victim D(30 years of age) was able to see the victim D’s neck by hand, booming the breath, and booming the breath, and booming the breath of the security guards who were next to the Defendant.

On the other hand, even after the police officer who received the 112 report was dispatched, the Defendant continuously obstructed the medical treatment of emergency medical personnel for emergency patients by assault and force for about 25 minutes, such as leaving a large number of emergency patients and their guardians in the emergency room prior to the hospital where they are traveling, and viewing urines, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes to the investigation report (related to CCTV analysis in the C hospital);

1. Relevant Article on criminal facts and Articles 60 (1) 1 and 12 of the Emergency Medical Service Act concerning the selection of punishment, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant’s medical treatment of emergency medical personnel by taking advantage of the emergency medical personnel’s desire to take care of nurses in the emergency room, exercising violence, and viewing the urine, etc. In light of the fact that the criminal liability of the instant crime is not easy, there are many records of punishment for violent crime under the influence of alcohol, and that it was committed during the period of repeated crime.

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