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(영문) 인천지방법원 2015.04.23 2015고단715
응급의료에관한법률위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 6, 2015, the Defendants violated the Punishment of Violences, etc. Act (joint assault) did not promptly treat the victim in the emergency room of the Incheon Bupyeong-gu Incheon Women's University at a 56 equal number of Bupyeong-gu, Incheon at around 02:05, and Defendant B was subject to the above action from the victim D (the age of 34). Defendant B, by hand, had the victim’s head head knife, and Defendant A was tightly pushed the victim’s head knife with his hand. Defendant A was tightly pushed the victim’s chest part knife at the emergency room, and Defendant B was snife the victim’s head knife with his head knife.

Accordingly, the Defendants jointly assaulted the victim.

2. The Defendants in violation of the Emergency Medical Service Act, on the ground that the medical institution, etc. in an emergency room does not promptly perform the medical examination and treatment at the time and place specified in paragraph (1), shaking D’s hair and dubs, and Defendant B continued to walk the hand lebs in an emergency room on the floor, thereby destroying the hand lebs above the hand lebs in an emergency room, and Defendant A again walked the hand lebs on the floor, and continuously pushed the doctor E in the medical service duty.

Accordingly, the Defendants conspired to assault E, which is an emergency medical personnel, and interfered with the first-aid treatment or treatment of emergency patients by force, such as damaging medical instruments.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to D, F, and E;

1. Investigation report (on-site CCTV verification);

1. Application of Acts and subordinate statutes to photograph by cutting off on-site CCTVs;

1. Relevant Article on criminal facts and the Defendants’ choice of punishment: Articles 60 (1) 1 and 12 of the Emergency Medical Service Act, Article 30 of the Criminal Act (the point of obstructing emergency medical services), Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint violence), and the choice of imprisonment, respectively;

1. Defendants from among concurrent crimes: the former part of Article 37 and Article 38 of the Criminal Code.

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