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(영문) 의정부지방법원 2018.07.12 2018고정437
응급의료에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

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.

Nevertheless, the Defendant, under the influence of alcohol around 22:0 on July 27, 2017, transferred to the emergency room of the D Hospital located in the city of Gu government C through the ambulances. In order to verify the condition of E, the nurse belonging to the said emergency room, the Defendant was faced with a disturbance, such as the defect about to redivating the blood pressure, taking a bath, walking the beds located in the emergency room, and gathering urines.

As a result, the Defendant interfered with emergency treatment or treatment of emergency medical workers by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (on-site situations, etc., accompanied by the victim's self-written statement in the chief of the D hospital, attached, etc.), 112 report processing records, photographs accumulated on the floor of the emergency room by the person under consideration, a written statement of security personnel, a written statement of victim's self-written statement, and the report of the case;

1. Application of an inquiry letter, such as criminal history, and the application of Acts and subordinate statutes on investigation reporting (power of suspect repeated crime);

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

1. The reasoning for sentencing of Article 334(1) of the Criminal Procedure Act is examined as follows: (a) the Defendant commits the instant crime while recognizing the facts of the crime; (b) the economic situation as a recipient of basic living assistance appears to have not been followed by the judicial branch; and (c) the fact that the recipient of basic living assistance is receiving treatment for alcohol addiction, etc. and is making a good life in good faith is recognized as favorable to the Defendant.

On the other hand, the crime of this case, which interferes with duties of emergency medical service workers by force, such as taking a bath to the victim or gathering urines, where the defendant intends to recover blood pressure in an emergency room, is a crime in light of the contents and methods of the crime.

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