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(영문) 서울북부지방법원 2019.08.22 2019고단608
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

Criminal facts

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, deceptive scheme, force, or other means, or destroy, damage, or occupy medical facilities, equipment, medicines, or other objects for emergency medical services provided by a medical institution, etc.

At around 03:00 on December 7, 2018, the Defendant, at the C Hospital emergency room located in Nowon-gu, Seoul Special Metropolitan City on December 7, 2018, expressed a large voice to D doctors belonging to the above emergency room and nurse E on the grounds that the Defendant was well aware of the Defendant’s left side bridge in the course of treating the Defendant’s bar, and expressed the Defendant’s bar by a large voice to D and nurse E, and the Defendant was at one time on his hand.

As a result, the defendant interfered with the treatment of emergency medical personnel for emergency patients.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A criminal investigation report (CCTV image verification);

1. Application of Acts and subordinate statutes to investigation reports ( nurse E and telephone communications);

1. Relevant Article on criminal facts and Articles 60 (1) 1 and 12 of the former Emergency Medical Service Act (Amended by Act No. 16252, Jan. 15, 2019) concerning the selection of punishment;

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

1. The Defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act, suffered from the alleys of a brush and received a curriculum at the first instance room in the state of his or her primary exploitation. However, even if the Defendant had been well aware of the Defendant’s desire to take care of the brush in the process of treatment and had been given a prior explanation on the brush, he or she had provided the emergency nurse with the desire to take care of the brush and exercised violence against the physician who explained the circumstances.

It does not seem that there are special circumstances in the course of the crime, and the violence against emergency medical personnel leads to the damage to other patients in an emergency.

However, the assault of this case.

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