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(영문) 대구지방법원 김천지원 2016.11.29 2016고정495
응급의료에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 5, 2016, at around 00:11, the Defendant was an emergency patient who was found in the C Hospital Emergency Service Center located in Gumi-si B in order to treat the left arms.

No person shall interfere with the rescue, transfer, first aid, or medical treatment of an emergency patient by emergency medical personnel by means of violence, intimidation, deceptive scheme, force, or other means, or destroy, damage, or occupy medical facilities, equipment, medicines, or other objects for emergency medical services provided by a medical institution, etc.

Nevertheless, from the above date to August 5, 2016, the Defendant took a bath to the internship doctor, nurse, general director and staff, and professor on duty in an emergency room within a hospital with six emergency patients, such as the mother, etc., whose miscarriage was imminent for about 32 minutes from the above 32 minutes from the above date to August 5, 2016, and obstructed emergency medical personnel in an emergency room by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report internal investigation by police;

1. Article 60 (1) 1 and Article 12 of the Emergency Medical Service Act concerning facts constituting a crime and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act with regard to the instant crime is that it is difficult to provide prompt medical treatment in an emergency situation due to interference with the duties of the emergency room, and thus, the case is not less complicated. In full view of all the circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the number of fines in the summary order is too high.

Therefore, the punishment is determined as ordered.

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