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(영문) 대구지방법원 김천지원 2019.11.27 2019고단717
응급의료에관한법률위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. 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;

On March 9, 2019, at around 18:20, the Defendant, at around 18:20, took care of the emergency room of the C Hospital located in Kimcheon-si, and received first aid in order to be treated, and without any reason, performed an emergency room D where approximately 6 to 7 emergency patients were treated under the influence of alcohol. The Defendant, at around 18:20 on March 9, 2019, continued to remove the name tag on the floor of D’s left chest by “Is this dog typ flap, this flap, Isp, Ispher, Isphere, Isphere, Isphere, Isphere, Isphere, Isphere, Isphere, Isphere Isphere, Isphere Isphere.”

The police officer, who was dispatched to the site after receiving a report, prevented the defendant, but the defendant was unable to take a bath on the floor, repeating his behavior, and avoid disturbance.

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

2. In the same time and place as set forth in Paragraph 1, the Defendant publicly insultingd the victim D, who is an emergency room, among the employees of approximately twenty hospitals, patients, and guardians, by putting the victim at the large interest of “I”, “I am feasia, I am feasia, I am hye, I am hye, I am hye, I am hye, I am hye, I am hye.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A medical record book;

1. Application of the Acts and subordinate statutes concerning CCTV closure photographs;

1. Article applicable to criminal facts;

(a) Articles 60 (2) 1 and 12 of the Emergency Medical Service Act;

(b) Defluence: Article 311 of the Criminal Act;

1. Selection of penalty: Imprisonment with prison labor;

1. The Criminal Act among concurrent crimes.

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