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(영문) 인천지방법원 2016.08.18 2016고단3820
응급의료에관한법률위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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 emergency patients by persons engaged in emergency medical services.

Nevertheless, around 10:28 on May 10, 2016, the Defendant: (a) committed an emergency treatment and treatment against D, an emergency patient, on the ground that the Defendant’s intent to receive the 119 first-aid emergency vehicle D, which was transported within the emergency department of the Incheon Seo-gu, Seo-gu, Incheon, did not promptly treat the patient; (b) caused the Defendant to avoid disturbance, such as dynasium feculing the said E by hand, while taking an emergency treatment and treatment against D, an emergency patient.

As a result, the Defendant interfered with emergency treatment and treatment of emergency patients by those engaged in emergency medical services in an emergency department.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective Acts and subordinate statutes of E and F;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the fact that the defendant was not well aware of during the period of repeated crime; (b) the defendant again committed the instant crime; (c) five times times of criminal punishment; (d) the fact that the defendant is divided; (d) the degree of tangible power used; and (e) some of the circumstances that can be considered in the course of committing the instant crime appear to exist; and (e) the punishment as ordered is determined by taking into account the favorable circumstances; and (e) other factors such as the defendant’s age, sex, environment, motive and circumstance of the instant crime, and circumstances after committing the crime.

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