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(영문) 대구지방법원 김천지원 2017.09.13 2017고단684
응급의료에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date the above judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall interfere with emergency treatment or examination and treatment of emergency patients by means of intimidation, threat of force, etc. of persons engaged in emergency medical services.

From 23:00 to 23:20 on April 1, 2017 to 23:0, the Defendant: (a) in the emergency room located in the Gu, C, and on the ground that the Defendant’s spouse does not have any interest to the patient’s spouse; (b) in the above emergency room, the Defendant took a bath to the victim E (37 tax) in charge of the duty of the above emergency room; (c) exercised force by giving the disturbance; and (d) threatened the relevant hospital’s security staff, even if the Defendant was urged to the patient, the Defendant threatened the victim by putting the gate installed in the emergency room and putting him/her up with the string, and threatening him/her,

Accordingly, the Defendant interfered with the emergency treatment and treatment of the victim, who is an employee of emergency medical services, for about 20 minutes by intimidation and force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. 의사 면허증 사본, 응급의사 당직 스케쥴 출력물, 기간별 내원환자 조회( 입실 일 기준) 출력물, 응급실 CCTV CD(1 매)

1. Application of Acts and subordinate statutes on internal investigation reports (Attachment to CCTV images of the CCTV in an emergency room of a victim E- submitted hospital);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the Defendant committed the instant crime again despite the fact that he/she had been punished for a series of violence crimes in the past, and that he/she did not recover from damage, etc., it is inevitable to strictly punish the Defendant.

However, the defendant shall be sentenced to the punishment as ordered by taking into account the following factors: (a) the confession of the crime of this case and reflects the mistake; (b) the contingent crime; and (c) the defendant's age, sexual conduct, environment, health conditions, etc.

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