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(영문) 부산지방법원 동부지원 2019.07.18 2019고정155
응급의료에관한법률위반
Text

The sentencing of a criminal defendant shall be suspended.

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, or destroy, damage, or occupy medical facilities, equipment, medicines, or other objects for emergency medical services by a medical institution, etc.

Nevertheless, around 23:30 on December 13, 2018, the Defendant: (a) expressed a large voice in the C Hospital emergency room located in Busan Metropolitan City Shipping Daegu B as “Chos, e.g., flusium,” (the exhauster), walked with the entrance door of the emergency room, and obstructed emergency medical services for the victim’s emergency patients, who are emergency medical personnel by force, by exposing the disturbance, such as: (b) keeping the victim D, who is an emergency doctor to restrain the emergency room; and (c) leaving the wall installed at the entrance of the emergency room, and (d) leaving the wall installed at the entrance of the emergency room.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes on scene of crime;

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. Penalty of two million won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day);

1. Article 59 (1) of the Criminal Act (the suspension of sentence against a defendant shall be suspended, comprehensively taking into account the following various circumstances: (a) the defendant reflects his mistake in depth; (b) the primary offender is the first offender; (c) the contingent crime; and (d) the interference with emergency medical services is not serious; and (c) the motive and background leading to the instant crime; and (d) the defendant’s age, character and conduct, and environment, which are

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