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(영문) 부산지방법원 동부지원 2019.01.31 2018고단2152
응급의료에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

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.

Nevertheless, the Defendant was hospitalized into C hospital located in Yangsan-si B with pressure disease patients on July 20, 2018 on the ground that it was difficult, but forced discharge around July 20, 2018 on the ground that it was forced, and then, from July 21, 2018 to 02:28, the Defendant found the emergency room of the above hospital from July 21, 2018, to be the two doctors working in the above hospital, such as “I will not give any treatment to B,” and tightly knife the body of the doctors, and knife the body of the doctors, and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.”

Accordingly, the defendant interfered with the examination and treatment of emergency medical personnel on emergency patients by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements prepared in D;

1. Application of investigation report (matters of on-site CCTV verification), investigation report (Attachment of cell phone pictures at the time of arrest of flagrant offenders) Acts and subordinate statutes;

1. Relevant Article on crimes and Articles 60 (1) 1 and 12 of the Emergency Medical Service Act concerning the Selection of Penalties;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act reveals that an order to attend a lecture or an order to attend a community service order interferes with emergency medical personnel’s medical examination and treatment of emergency patients by force, and the crime of this case is not good, and the defendant may have been punished by the act of violence, obstruction of performance of official duties, obstruction of business, etc. In particular, on January 23, 2017, the judgment below was sentenced to imprisonment with prison labor for 4 months as a result of the crime of interference with business, and one year as a result of suspended execution, which became final and conclusive on May 31, 2017 (from May 31, 2017 to May 30).

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