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(영문) 의정부지방법원 2019.06.20 2019고단1211
응급의료에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No person shall interfere with first aid or medical treatment of an emergency patient of emergency medical personnel by means of violence, intimidation, deceptive scheme, threat, or other means.

around 14:30 on September 20, 2018, the Defendant: (a) at the Emergency Disease Classification Office of the C Hospital located in the Gug Government-si B, rejected the victim D, who was a nurse, to “water to be inspected”; (b) the said victim rejected the “water to be inspected;” and (c) caused the said victim to the wall of the place where the said victim was seated.”

As a result, the defendant interfered with the first aid and treatment of emergency medical personnel.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 50 million won; and

2. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after crimes, which are below a fine of 1.5 million won.

Conditions disadvantageous: Circumstances that are favorable to the defendant that there are many same kind of violence: The confession of the crime of this case

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