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(영문) 서울중앙지방법원 2020.06.09 2020고단1873
응급의료에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year 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.

Nevertheless, the defendant, around 00:20 on February 12, 2020, transferred to the C Hospital Emergency Service Center located in Dongjak-gu Seoul Metropolitan Government as an emergency patient and was administered and inspected in the emergency area within the area of the patient in the emergency room, the defendant stated that the nurse D belonging to the above emergency room, who works for emergency medical personnel in the above emergency room, “scopic baby” is deemed to be “scopic baby”, and the fluor is identical to the fluorted fluor, and the fluor thereof.

E. They interfere with the medical treatment of emergency medical personnel for emergency patients by force at an emergency room between about 10 minutes, such as that the same inside and outside of the same shall not interfere with the emergency medical personnel by force.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. 112 Reporting case handling table; and

1. Application of Acts and subordinate statutes to investigative reports (the analysis of video images of security guards at the site of the case);

1. Relevant Article on crimes and Articles 60 (2) 1 and 12 of the Emergency Medical Service Act concerning the Selection of Penalties;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant is highly likely to be subject to criticism by interfering with diagnosis and treatment in an emergency room and taking a bath to the medical personnel.

The Defendant committed the instant crime even though he/she had a record of criminal punishment, including violent crimes.

However, the degree of interference with violence and emergency medical services is not much severe, and the defendant is against the wrongness while recognizing the crime, and all other circumstances constituting the conditions for sentencing, such as the age, character and conduct, the environment of the defendant, the circumstances and results of the crime in this case, and the circumstances after the crime, shall be determined as ordered by the sentence.

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