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(영문) 서울북부지방법원 2017.09.27 2017고단2907
응급의료에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

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

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

Nevertheless, on June 23, 2017, the Defendant: (a) requested the victim F. (37 years of age) who was a doctor who treated another patient, to “I am in the emergency room” during several times of a large voice so that E, a nurse, in the course of being treated for the happiness due to the liveration, was exposed to the medical control of trees in the hospital located in Dongdaemun-gu Seoul Metropolitan Government; (b) on the ground that E, a nurse, in the course of being treated for the liveration, was exposed to the medical care of trees in the emergency room; and (c) required “I am in the emergency room, am in the aftermath, am in the aftermath; (d) I am in the aftermath; (e) I am in the aftermath; (e) I am in the aftermath; (e) I am in the aftermath; and (e) I am in the police room.”

The expression “,” and the victim’s act of treatment was obstructed by force by force, as follows: “I am at the police report, I am at the time of the police report, and am at the time of the death.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a investigation report (a party to CCTV data in the site);

1. Article 60 (1) 1 and 12 of the relevant Act on the Punishment of Criminal Crimes and the Emergency Medical Service Act on the Selection of Punishment, Articles 60 (1) 1 and 12 of the same Act and the selection of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. The crime of this case, which is determined to be sentenced, is not a bad, but the degree of interference with the medical treatment of medical personnel in an emergency room where medical treatment for an emergency patient is conducted.

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