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(영문) 인천지방법원 2019.07.11 2018고단9002
응급의료에관한법률위반등
Text

A defendant shall be punished by imprisonment for six 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

[Criminal Power] On October 24, 2018, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for an injury at the Incheon District Court on June 24, 2018, and the said judgment became final and conclusive on November 1, 2018.

【Criminal Facts】

No person shall interfere with 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, at around 14:55 on October 20, 2018, the Defendant expressed in the C Hospital emergency room located in Incheon Strengthening-gun B the victim D (the victim D (the age of 47) who was the nurse of the emergency room in which the Defendant was trying to verify the Defendant’s personal information and the blood, and expressed the victim’s desire to “Chewingly” at one time. On the same day, at around 16:08 on the same day, the Defendant was able to have the victim’s left shoulder at one time due to his/her bad hand while taking medical treatment at the above site, and was able to avoid the disturbance by taking a large bath, “I will Chewing, bit bit bit bit bit bit bit bit bit.”

Accordingly, the defendant interfered with the first aid of the victim who is an emergency medical personnel and the nurses belonging to the above hospital by means of assault and force.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Statement to E by the police;

1. A statement prepared by the F;

1. Violence, video CDs;

1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (Attachment of judgment related to dead concurrent crimes), and application of one copy of the relevant judgment;

1. Article 60(1)1 and Article 12 of the former Emergency Medical Service Act (Amended by Act No. 16252, Jan. 15, 2019); the choice of imprisonment for a crime;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. According to Article 62-2 of the Criminal Act, the defendant who was sent to the emergency room after considering the difficulty of respiratory while drinking alcohol on the grounds of sentencing of Article 62-2 of the Act on Probation and Order to Attend, shows the power of force, such as using violence to nurses or obsing them.

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