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(영문) 서울남부지방법원 2019.06.21 2019고단1108
응급의료에관한법률위반
Text

A defendant shall be punished by imprisonment for six 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

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, threat or other means, or destroy, damage or occupy medical facilities, equipment, medicines or other objects for emergency medical services provided by a medical institution, etc.

1. At around 18:00 on February 22, 2019, the Defendant found in the C Hospital Emergency Service room located in Yangcheon-gu Seoul Metropolitan Government, and called “hospitalized at a mental hospital” without any reason, and around 2 hours returned to the emergency room of the hospital, and obstructed emergency medical personnel’s treatment by force by avoiding disturbance.

2. On February 22, 2019, at around 23:30 on February 22, 2019, the Defendant re-exploited in the C Hospital Emergency Service Room located in Yangcheon-gu Seoul Metropolitan Government, and obstructed the treatment of emergency medical personnel for emergency medical personnel by force by avoiding a small amount of KRW 1 hour, such as by attaching a patient's portable ties within this hospital through a 119, and by force, the Defendant interfered with the treatment of emergency medical personnel for emergency medical personnel, such as “I have to pay a fine due to any fladity. I have caused the death of madra due to any fla,” and the victim D, who is a security personnel.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a report on investigation (to attach CCTVs at a place of crime);

1. Relevant Article on criminal facts, Articles 60 (2) 1 and 12 of the Emergency Medical Service Act on the Selection of Punishment, and Selection of Imprisonment with prison labor;

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

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the Defendant was sentenced to a fine on several occasions for the same kind of crime, and considering the fact that the Defendant has avoided any disturbance from the same hospital into the bar, it is difficult to view that the nature of the crime is somewhat weak.

However, the defendant.

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