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(영문) 서울북부지방법원 2020.05.27 2020고단435
응급의료에관한법률위반
Text

A defendant shall be punished by imprisonment for six 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 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, between 03:05 on December 19, 2019 and 03:22 on the same day, the Defendant expressed the victim D (the age of 29) who is a doctor, “I wish to give an explanation properly, sway, sway, I wish to do so,” with a large voice of “I wish to do so, I wish to do so,” and she pushed the victim’s arms once by hand.

Accordingly, the defendant interfered with the examination and treatment of emergency medical personnel by means of force assault.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (CCTV investigation);

1. Application of the Acts and subordinate statutes governing CCTV images and CCTV images CDs;

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 crime of this case on the grounds of the suspended sentence under Article 62(1) of the Criminal Act is deemed to obstruct the Defendant’s diagnosis and treatment of emergency patients by avoiding disturbance in the emergency room of a hospital and pushing ahead of the medical staff. Since such an act of interference with emergency medical services is likely to cause serious damage to other emergency patients in an emergency situation, it is necessary to strictly punish such act, and even if the Defendant had already been subject to criminal punishment several times of crimes including violent crimes, the crime of this case is not easy.

However, the degree of interference with violence and emergency medical services is not severe, and the defendant commits a crime against his/her wrongness while recognizing the crime, and the defendant has no criminal record exceeding the suspension of the execution of imprisonment.

In addition to these circumstances.

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