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(영문) 부산지방법원 2019.08.22 2019고단2174
응급의료에관한법률위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 2, 2019, the Defendant violated the Emergency Medical Service Act: (a) at the first floor emergency room of the C Hospital in Gwangjin-si B on April 2, 2019; (b) under the influence of alcohol, the Defendant interfered with the emergency medical service of emergency medical personnel by force by avoiding disturbance, such as taking a bath to the victim and returning to an emergency room, on the ground that the doctor D (39 years of age) who is an emergency medical personnel did not properly treat the victim; and (c) taking advantage of the emergency room, the Defendant d(39 years of age) was under the influence of

2. On April 2, 2019, the Defendant assaulted the police officer’s 112 reported and sent to the emergency room E by causing the Defendant who was subject to the 112 report, on one occasion, of the following parts: (a) a defective drinking water that the Defendant attempted to put up; (b) a police officer’s fright to the emergency room; and (c) a police officer’s fright

Accordingly, the Defendant interfered with the police officer's legitimate performance of duties concerning 112 reporting management affairs.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each police statement concerning E and F;

1. Each written statement of D and E;

1. Application of CCTV Acts and subordinate statutes;

1. Article 60 (2) 1, Article 12, and Article 136 (1) of the Criminal Act (the point of obstructing emergency medical services provided by emergency medical personnel and the choice of imprisonment), concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “the reason for the suspended sentence”) is that the defendant interferes with emergency medical services provided by emergency medical personnel, and thereby interferes with the police officer’s performance of duties. However, the defendant committed the instant crime under the circumstances where the defendant went to a hospital for treatment of mental disorder due to “mental and behavioral disorder,” and he committed the instant crime under the circumstances where the judgment was extremely weak, the confession of all of the crimes, and the depth of his mistake is shared, and the victim D received a letter of apology.

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