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(영문) 인천지방법원 부천지원 2016.6.10.선고 2016고단752 판결
응급의료에관한법률위반,상해,재물손괴
Cases

2016dan752 Violation of Emergency Medical Treatment Act, injuries, property damage and damage

Defendant

○ Kim (74 - 1), Azbane

Ocheon-gu, Ocheon-gu, Ocheon-gu

Special Metropolitan City, Gyeongnam Kim-gun

Prosecutor

Doctrine (prosecutions) Doctrine Kim Jong-il (Trial)

Defense Counsel

Attorney Park Jin-ho (Korean National Assembly)

Imposition of Judgment

June 10, 2016

Text

Defendant shall be punished by a fine of KRW 6,00,00.

Defendant who has converted 100,000 won into one day when the above fine has not been paid;

shall be confined in a workhouse.

The provisional payment of the amount equivalent to the above fine shall be ordered.

Reasons

Criminal History Office

1. Violation of Acts on emergency medical services and injury 1);

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

On March 4, 2016: at around 00, the Defendant: (a) considered that the nurses did not properly treat women-friendly scarcitys; and (b) caused the injury of the emergency medical personnel by using assault, such as scarkeing ○○ of the nurse’s scarb, scarb, etc., and scarbing scarbing scarbs of the doctor scarbs of the doctor scarbs; (c) obstructed the first-aid treatment or treatment of the emergency patients of the emergency medical personnel; and (d) obstructed the victim scarbs and tensions in need of two weeks of medical treatment.

2. Damage to property;

The Defendant destroyed KRW 748,00 of the repair cost by giving back the automatic door to the victim ○○ Hospital’s owner, which was arrested and sent out of the police officer after receiving the report of KRW 112, the Defendant’s automatic door to the victim ○○ Hospital, and caused the repair cost to be 748,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement to ○○○;

1. The statement of Kim○-○

1. A report on internal investigation:

1. A medical record, medical record, and estimate of an injury;

1. Data on victim 00 ○○ and on-site photographs;

Application of Statutes

1. Relevant Articles of criminal facts;

Article 60(1)1 of the Emergency Medical Service Act, Article 12 (Crimes of Disturbing Emergency Areas and Medical Treatment) of the Criminal Act, Article 257(1) of the Criminal Act, Article 366 of the Criminal Act (Crimes of Causing Property Damage)

1. Competition;

Articles 40 and 50 of the Criminal Act

1. Selection of penalty;

Selection of each fine

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

The defendant has been punished several times for violent crimes, and the defendant is found to have committed the crime of this case without any weight even though he was under repeated crime, it is found that the defendant again committed the crime of this case without any weight, and even though he was found to have committed the crime of this case, he is found to have committed the crime of this case, and the defendant paid damages due to property damage and agreed with the victim, and the degree of injury of 00 ○○ is relatively minor and the defendant wanted the defendant's wife by mutual consent with the 00 ○○○ of the injured victim, and the defendant wanted the defendant's wife. In addition, in consideration of the defendant's age, character and behavior, environment, health condition, family relationship, motive, means and consequence of the crime, the sentence of imprisonment is somewhat harsh and it is sentenced as a disposition of a fine.

Judges

Judges Kim Jong-hwan

Note tin

1) There is a concern that the defendant's exercise of his/her right to defense may be disadvantaged by taking into account the fact that the crime of violation of the Emergency Medical Services Act and the crime of injury are in

To the extent that the facts charged are not recognized, part of the facts charged was appropriately revised.

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