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(영문) 서울남부지방법원 2020.06.04 2020고단552
응급의료에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

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.

On January 23, 2020, at the C Hospital Emergency Service Center located in Yeongdeungpo-gu Seoul Metropolitan Government on January 23, 2020: (a) the Defendant expressed a large voice to nurses (n, 35 years of age), etc.; (b) the above hospital security personnel E and the officer E, who restrains this; (c) the above hospital security personnel E and the officer F, are stationed a drinking, or are quality; and (d) the core measuring machine, which is a statement for medical use in the above emergency room, was removed by putting in the cable, which is located in the above emergency room, cut off; and (d) the Defendant avoided a disturbance for about 90 minutes by putting it down on the floor of the above emergency room.

Accordingly, the defendant interfered with the medical treatment of emergency patients such as D, which are emergency medical personnel, and damaged the medical records for emergency medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D, E, and F;

1. Photographs related to the case (a photograph of the victim of the damaged core device, assault and part of the device); and

1. Application of Acts and subordinate statutes to investigation reports (Attachment to 112 Report Processing List);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant, including the victim E and F, actually agreed with all victims and fully repaid the amount of damage, there is no criminal record to refer to the sentencing of this case, and the defendant's age, character and conduct, environment, etc. are considered in the public trial process, and the sentence like the order shall be imposed.

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