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(영문) 수원지방법원 2021.01.27 2020고단5376
응급의료에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a nurse in charge of the father of the defendant's D (25 years and remaining) who was not aware of his/her consciousness due to medical malpractice while the father of the defendant's father B (the father) was in the hospital C and he/she was in charge of the father of the defendant's father.

No person shall interfere with the rescue, transfer, emergency treatment, or medical treatment of an emergency patient by persons engaged in emergency medical services 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 provided by a medical institution, etc.

Nevertheless, around May 22, 2020, in Osan City, around 21:07, at C Hospital C’s 3 middle-class patient rooms, the father’s new illness was changed to continue to work on the side of the hospital and changed the horses at the hospital. In addition, the Defendant’s father’s father’s nurse D and surrounding medical personnel were able to drink, and the Defendant’s father’s father’s father’s father’s nurse D and surrounding medical personnel were able to kill, throw away, and stop to death.”

Summary of Evidence

1. Statement by the defendant in court;

1. Report on occurrence (violation, etc. of the Emergency Medical Service Act) and internal investigation report;

1. Application of Acts and subordinate statutes of D or F;

1. Article 60 (2) 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the father of the defendant appears to have committed the instant crime by interesting the defendant in a critical situation, and the sentencing conditions indicated in the records, such as the defendant's age, criminal record, occupation, sex, family relation, and circumstances before and after the commission of the crime, shall be determined as ordered by the order.

Rejection of Public Prosecution

1. On May 22, 2020, the Defendant: (a) posted his cell phone at Osan-si G and H around May 22, 2020; and (b) received the phone from the victim F (23:3).

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