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(영문) 전주지방법원 2016.09.12 2016고정546
응급의료에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who has been a patient's guardian at the emergency room of the C Hospital located in the Dongdaemun-gu Seoul Metropolitan City.

No person shall interfere with the rescue, transfer, emergency treatment, or medical treatment of an emergency patient 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 of a medical institution, etc.

Nevertheless, from March 21, 2016 to 0:20:20 on March 21, 2016, the Defendant: (a) from the above hospital emergency room from around 23:20 to the above hospital emergency room from around 00:20 on the same month; (b) on the ground that the Plaintiff did not promptly treat an emergency patient; (c) whether the doctor and the officer of the hospital who treated the patient was “nickly treated”;

C Hospital will not be opened, and will be opened to another hospital.

"A person has difficulty in noise for about one hour due to others."

As a result, the Defendant interfered with the medical treatment of emergency patients by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to E and F;

1. Ctv video photographs;

1. Application of Acts and subordinate statutes of a criminal investigation report (related to attachment of photographs by ctv course) and each internal investigation report;

1. Article 60 (1) 1 and 12 of the Emergency Medical Service Act concerning facts constituting an offense, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case committed in an emergency room where the defendant with reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order interferes with medical activities of medical personnel in the emergency room where emergency medical services are provided;

The sentence shall be determined as ordered in consideration of all kinds of sentencing conditions, such as the fact that the defendant is against himself and there are no incomes of the defendant, and the age, sex, criminal records, and the situation before and after the crime.

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