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(영문) 인천지방법원 2018.11.30 2018고단7098
응급의료에관한법률위반
Text

Defendant shall be punished by a fine of one 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, emergency treatment, or medical treatment of an emergency patient by means of violence, intimidation, deceptive scheme, threat, or other means.

Nevertheless, on September 2, 2018, the Defendant interfered with the medical treatment of the victim, who is an emergency medical service worker, by assaulting the victim's right head by making the victim's right head by biffly with his/her hand on the ground that the victim E (36 years) was not promptly treated the defendant in the D Emergency Hospital located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to CCTV images of an emergency room;

1. Article 60 (1) 1 and 12 of the relevant Act on Criminal facts and the Emergency Medical Service Act on the Selection of Punishment, and Selection of Fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is an act of assaulting a doctor in the emergency room of a hospital and obstructing the medical practice of the Defendant. Such a crime is not an act of impairing the order of an emergency medical institution that provides medical services to emergency patients and hindering the medical treatment of emergency medical service workers.

The defendant has been punished by a fine due to a violation of competition duties in 2015.

However, it shows the appearance that the defendant leads to the confession of the crime and reflects the mistake.

In agreement with the victim, the injured person shall not want to punish the accused.

In full view of the conditions of sentencing as shown in the trial process of this case, such as the character, conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, the punishment as indicated in the Disposition shall be determined.

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