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(영문) 대구지방법원 2019.10.02 2019고단3221
응급의료에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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.

On May 7, 2019, at around 22:36, at the C Hospital Emergency Service Center located in Yongcheon-si B, the Defendant was unable to bring about about 30 minutes to the victim D (or 26 years of age), who was a nurse, and the nurse E (29 years of age) who was the nurse, “I would like to see whether I would like to see if I would like to do so, or if I would come within C Hospital, I would come within C Hospital.” The Defendant attempted to see the victim F (or 46 years of age, if I would like to go in the C Hospital, I would like to see if I would like to go in the C Hospital, and if I would like to go in the C Hospital, I would like to see the doctor and C Hospital.”

Accordingly, the defendant interfered with the treatment of emergency medical personnel for emergency patients by force.

Summary of Evidence

1. Defendant's legal statement;

1. F's statement of the police;

1. Each statement of E and D;

1. Application of CCTV image CD-related Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the suspended sentence shall be determined by taking into account the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the argument of the instant case.

The crime of this case was committed in an emergency room that interferes with the examination and treatment of emergency patients of emergency medical personnel by force by avoiding a disturbance, such as threatening a physician, nurse, etc., while the crime of this case was committed in an emergency room, and the exercise of violence against emergency medical personnel is not only the personal damage of the relevant employees, but also the life and body of emergency patients in need of emergency measures.

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