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(영문) 의정부지방법원 2020.12.24 2019고단3929
응급의료에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On January 21, 2019, the Defendant: (a) requested that it would be difficult for the Defendant to resist while drinking in the C Hospital emergency room located in Namyang-si, Namyang-si; and (b) that it would be dangerous for the Defendant to provide urines due to the risk of overcoming 26 years of age to the nurse (here, the nurse). In doing so, the Defendant’s indecent act by force was committed by the Defendant by force on his hand at the victim’s buckbucks.

2. No person who violates Emergency Medical Services Act 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 of force or other means;

Nevertheless, the Defendant refused to use urines on the grounds of the preceding paragraph at the time and place mentioned in paragraph (1) and interfered with emergency medical services by taking the left part of nurse D on one hand.

3. The Defendant, at the time and place specified in paragraph 1, assaulted the victim by her hand on one occasion by taking the victim’s left side clock, while taking the clock from the victim E, who is the officer or employee of C Hospital (the age of 23).

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Written statements in relation to D, E, and Preparation;

1. Application of the provisions of this Act to the closure of CCTV images in the C Hospital in F;

1. Relevant legal provisions concerning facts constituting an offense, Article 298 of the Criminal Act concerning the selection of punishment, Articles 60 (2) 1 and 12 of the Emergency Medical Service Act, Article 260 (1) of the Criminal Act concerning the selection of fines, and selection of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the maximum amount of concurrent crimes (which shall be limited to the sum of the maximum amount of each crime)] among concurrent crimes;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. To exempt the disclosure order, notification order, and employment restriction order;

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