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(영문) 부산지방법원 서부지원 2018.08.10 2017고단2056
응급의료에관한법률위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 9, 2017, the Defendant was sentenced to six months of imprisonment and one year of suspended execution as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's branch office, and the above judgment became final and conclusive on November 3, 2017.

1. No person who violates the Emergency Medical Service Act 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, at around 16:30 on September 11, 2017, the Defendant, at the C Hospital emergency room located in Seo-gu, Busan, sent to the emergency room in the 119 emergency vehicle for drugs, refused medical treatment to the medical personnel who want to provide medical treatment, extracted a large amount of dump and dump “disscing them.” The Defendant dumped the dump of the head of C Hospital security team (40 years old) to restrain it.

For about 40 minutes, the Defendant continued to take care of the person related to an emergency room such as medical doctor E, etc. who reported medical treatment in the emergency room, with a large voice of “to die upon discharge” and “to die only upon face.”

As such, the Defendant interfered with emergency treatment or treatment of emergency patients, such as E, etc., who are doctors of emergency medical centers, by assault, intimidation, etc.

2. The Defendant obtained permission to discharge the disturbance from the emergency room of the C Hospital, as described in the preceding paragraph, and was transferred to outside the emergency room of the C Hospital under the direction of the victim D, who is the head of the said team, in the form of mobile intrusion.

On September 11, 2017, around 17:25, the Defendant: (a) sent an attitude that the said D, in front of the emergency room of the C Hospital located in Seo-gu Busan Metropolitan City, would be able to cleep the movement-type ties to the State, and (b) threatened the State, “I have no choice but to do so,” and “I have to do so,” respectively.

Summary of Evidence

1. Each legal statement of witness D, F, and E;

1. Each investigation report (to attach CCTV images to an emergency room, CCTV image analysis), CCTV images;

1. A previous conviction: A written inquiry, such as criminal history, shall be made;

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