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(영문) 제주지방법원 2020.05.13 2020고단216
응급의료에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

No person shall interfere with the rescue, transfer, first aid, or medical examination and treatment of an emergency patient of emergency medical personnel by means of violence, intimidation, deceptive scheme, threat, or other means.

Around 01:50 on September 10, 2019, at the C Hospital emergency room located at Jeju-si B, the Defendant was given medical treatment from the victim D (the age of 43) who was a doctor because a motor vehicle was going to undergo the Defendant’s bridge and was inside the said emergency room. However, the victim was able to take care of the patient at a large interest, such as “the victim, who was dissatisfied with a special and impruptive defect, so he/she was able to have the victim “the victim,” with his/her complaint that he/she was satisfyed,” and the victim continued to have a dispute at the entrance of the emergency room at the above hospital, and the victim’s chest was able to kill the victim’s chest, with his/her hand, and delayed the victim’s first-aid treatment and treatment.

Accordingly, the defendant interfered with the rescue, transfer, first aid, or medical treatment of emergency patients by emergency medical personnel.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a complaint, a victim's photograph, and a criminal investigation report (CCTV video verification);

1. Article 60 (2) 1 and Article 12 of the Emergency Medical Service Act concerning criminal facts and the choice of punishment, and the choice of imprisonment;

1. In light of the reasons, details, etc. of sentencing under Article 62(1) of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the following factors: (a) the nature of the offense is not less complicated; (b) the accused has many criminal records of violence or obstruction of performance of official duties; (c) the accused recognizes his/her mistake; and (d) the Defendant’s age, character and conduct, environment, means and consequence of the offense; and (d) the conditions of sentencing

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