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(영문) 울산지방법원 2020.09.11 2020고단961
응급의료에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

A person does not interfere with the rescue, transfer, first aid, or medical treatment of an emergency patient by means of assault, threat, deceptive scheme, force, etc. of emergency medical personnel. On December 21, 2019, the Defendant sent to the C Hospital Emergency Service Center located in Ulsan-gu B beyond the influence of alcohol on December 23, 2019, and then sent to the 119 first-way vehicle to the 119 first-way vehicle. Even if 20 emergency patients were under medical treatment, the Defendant provided treatment to the victim D and the security personnel of the above emergency room who explained the necessity of surgery to treat the patient’s upper condition, “I do not have any intention to see the first-aid treatment so far as I do not have any flock, so I do not have a flick, so I do not have a flick, and do not have a flick, so I do not have any flick, so I have to move to the patient, and interfere with other victim’s treatment by force during 5 minutes of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements of D;

1. Application of CCTV Acts and subordinate statutes;

1. Article 60 (2) 1 and Article 12 of the Emergency Medical Service Act concerning facts constituting an offense;

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

1. As to the Defendant’s assertion under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., the Defendant asserts that the Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime.

However, comprehensively taking account of the circumstances such as the background and method of the instant crime, the Defendant’s act before and after the instant crime, which was acknowledged by the evidence as seen earlier, there was no ability to discern things or make decisions under the influence of alcohol.

not seem to have existed in or weak condition.

Defendant’s assertion is not accepted.

The defendant of the reason for sentencing is the confession of the crime of this case.

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