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(영문) 제주지방법원 2016.10.12 2016고단1470
응급의료에관한법률위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

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, or damage or occupy medical facilities, equipment, medicines, or other facilities for emergency medical services by a medical institution, etc.

Nevertheless, on April 14, 2016, from around 04:10 to around 04:32 of the same day, the Defendant tried to remove the oxygen supply device installed in the emergency room in the emergency room in the Tong-si B from around 04:10 to around 04:32 of the same day, and the Defendant tried to remove the oxygen supply device installed in the emergency room in the emergency room E in order for the above hospital to verify the Defendant’s personal information, by stating that “Irri, Irri, Irri, Irri, Irri, Irri, Irri, Irri, Irri, Irri, Irri, Irri, Irri, Irri, Irri, Irri, I am well that Irri, Irri, Irri, Irri, Irri, Irri, Irri, hum, I hum hump, I am well.”

Accordingly, the defendant interfered with emergency medical services by force within the emergency department of the Tong Young C Hospital.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. Application of Acts and subordinate statutes on the 112 Reporting Report, such as internal investigation reports and attaching field photographs, and application of the said Acts and subordinate statutes;

1. Article 60 (1) 1 and Article 12 of the Emergency Medical Service Act concerning facts constituting a crime and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. A favorable circumstance for sentencing of Article 334(1) of the Criminal Procedure Act, considering the following circumstances, the reason for sentencing of the provisional payment order: The fact of crime is recognized and reflected in the order; D does not want criminal punishment against the defendant; D does not have any damage to medical facilities; and it appears that there was no direct and physical contact with emergency medical personnel.

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