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(영문) 대전지방법원 천안지원 2018.02.01 2017고단2597
응급의료에관한법률위반등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall interfere with the rescue, transfer, emergency treatment, or medical treatment of an emergency patient by persons engaged in emergency medical services by means of violence, intimidation, deceptive scheme, threat, or other means.

On September 8, 2017, at around 01:40, the Defendant was sent back to the E Hospital emergency room located in the Northern-gu, Seoan-gu, Seocheon-gu, Seocheon-si, by the first-aid crew member who was called up after receiving the report of C 119, while drinking with C, who was in a drinking house where the name located in the Southern-gu, Seocheon-gu, Seocheon-gu, is unknown.

At around 01:50 on the same day, the Defendant: (a) in an emergency rescue department at the emergency department of the above hospital, and (b) in order to put the Defendant into injection the amount. “I wish to extract the sprink and dwarf in mind.”

”라고 욕설을 하며 양손으로 F의 오른쪽 손목을 잡고 수 회 잡아당기고, 이를 말리던 응급구조 사인 G(27 세 )에게 “ 너 씨 발 나 알아 ”라고 욕설을 하며 손으로 G의 오른쪽 팔을 움켜쥐고 왼쪽 무릎과 발로 G의 왼쪽 옆구리를 1회 걷어찼다.

Accordingly, the defendant assaulted the above emergency rescue company as an emergency patient and obstructed the treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each self-statement of F, G, and H;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (victim H telephone communications);

1. Article 60 (1) 1 and 12 of the relevant Act on Criminal facts and the Emergency Medical Service Act on the Selection of Punishment, and Selection of Fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant and the defense counsel had been in a physical and mental state by drinking at the time of committing the instant crime

The argument is asserted.

According to the evidence duly adopted and examined by this court, when the defendant lost the spirit of alcohol, the above E Hospital emergency room is operated by the 119 first aid crew members.

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