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(영문) 창원지방법원 통영지원 2016.08.18 2016고단791
응급의료에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

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.

On June 12, 2016, around 00:16, the Defendant was accompanied by the emergency hospital C, located in Gyeongnam-gun, Gosung-gun, to the guardian of the interest on the workplace of D who is an emergency patient.

On June 12, 2016, from around 01:35 to around 01:55, the Defendant: (a) explained the side effects, etc. pursuant to CT photographing to the victim E, who is a doctor of the above hospital, in the emergency room of the above hospital, to the patient in the above hospital; (b) took the victim’s bath, saying, “I am this title, the patient with no mind, the patient with no mind, and the patient with approximately 20 minutes of the disturbance.”

As a result, the Defendant interfered with the emergency medical services of the victim who is an emergency medical worker by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Article 60 (1) 1 and 12 of the relevant Act on the Punishment of Criminal Crimes and the Emergency Medical Service Act on the Selection of Punishment, Articles 60 (1) 1 and 12 of the same Act and the selection of imprisonment;

1. It is not good that the crime of this case is committed against the doctor on duty who is in charge of emergency medical services for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act. It is so decided as per Disposition on the grounds that the defendant is sentenced to the punishment by taking into account the defendant's age, sexual behavior, environment, circumstances leading to the crime, circumstances after the crime, etc., and the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sexual behavior, and one time before and after the punishment due to violence of about 10 years.

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