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(영문) 서울북부지방법원 2019.07.11 2018고단4394
응급의료에관한법률위반등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, 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

【2018 Highest 4394】 No person shall interfere with rescue, transfer, first aid or medical treatment of an emergency patient by emergency medical personnel by means of assault, intimidation, deceptive scheme, threat of force or other means.

On October 8, 2018, at around 21:30, the Defendant sent back to the C Hospital emergency room located in Dongdaemun-gu Seoul Metropolitan Government on the ground of blood transfusion, and took CT photograph at the CT Inspection room of the above hospital. The Defendant continuously instructed the victim D (the 25 years old) who was the nurse belonging to the above emergency room to sit in the wheelchairs of the victim in order to move radiation to take a radioactive ray, and assaulted the victim's right side of the buckbuck in drinking by taking out the wheel wheel board where the victim D (the 25 years old), who was the nurse belonging to the above emergency room, instructed the victim to sit in the wheel body.

Accordingly, the defendant interfered with the emergency medical treatment of emergency medical personnel on the emergency patient.

【2019 order 1339】 On March 28, 2019, the Defendant was asked the victim’s wale in the wale of the victim’s F operation in Dongdaemun-gu Seoul, Dongdaemun-gu, about 23:50, and obstructed the victim’s waleing operations by force for about 30 minutes, such as having wale and wald several walds, and having walked the victim’s waleing operations.

Summary of Evidence

【2018 Highest 4394】

1. Defendant's legal statement;

1. The protocol of statement made by the police against D 【2019 order 1339】

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the F Statements;

1. Relevant Article on criminal facts, Articles 60(1)1 and 12 of the former Emergency Medical Service Act (Amended by Act No. 16252, Jan. 15, 2019); Article 314(1) of the Criminal Act; and the choice of imprisonment, respectively,

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act for probation and community service work;

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