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(영문) 대전지방법원 천안지원 2019.06.13 2018고단3063
응급의료에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three 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, threat, force, or other means.

On August 24, 2018, the Defendant received a summary order of KRW 3 million on the charge of committing a violation of the Emergency Medical Service Act in the Daejeon District Court’s Support for astronomicalan on the charge of taking emergency medical treatment in the C Hospital emergency room located in Seo-gu, Seo-gu, Seoan-gu, Seocheon-gu, and on October 25, 2018.

On August 24, 2018, the Defendant was subject to a police investigation due to the act committed on or around August 24, 2018, and was found in the emergency room of the above C Hospital on September 23, 2018, and was unable to properly treat rocketing emergency patients at the time when she was unable to properly treat rocketing emergency patients on or around 10 minutes because she did not look at the emergency room of the above C Hospital and expressed D (the age of 41) who was the head of the Emergency Center, who was responsible for booming the person in charge.

Accordingly, the defendant interfered with the treatment of emergency medical personnel for emergency patients by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each written self-statement;

1. Notification of a department related to reporting 112 cases;

1. Application of the Acts and subordinate statutes concerning CCTVs and CCTV image data to investigation reports (on-site CCTV verification);

1. Relevant Article of facts constituting an offense and Articles 60 (1) 1 and 12 of the former Emergency Medical Service Act (wholly amended by Act No. 16252, Jan. 15, 2019)

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

1. Probation and community service order Article 62-2 of the Criminal Act acknowledges and reflects the defendant's wrong reasons for sentencing. The above D does not want the defendant's punishment; the defendant has been punished by obstruction of performance of official duties, obstruction of business, etc.; and the defendant has been punished by a fine due to the same kind of crime committed in the same hospital emergency room, but again commits the crime of this case, and the emergency room is urgent.

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