응급의료에관한법률위반등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental disability under the influence of alcohol at the time of committing the instant crime.
B. Unreasonable sentencing: The lower court’s punishment (three million won of a fine) is too heavy.
2. Determination:
A. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the claim of mental retardation, the defendant is deemed to have had the ability to discern things or make decisions at the time of the crime of this case, and in light of the circumstances leading to the crime of this case, the means and method of the crime of this case, the behavior of the defendant before and after the crime of this case, the circumstances after the crime of this case, and the amount of reputation of the defendant, etc., and thus, the defendant's above assertion cannot be accepted.
B. The Defendant’s determination on the assertion of unfair sentencing is a factor for sentencing favorable to the Defendant, including the fact that the Defendant led to confession and reflects the instant crime, that the Defendant has no particular criminal power, as well as twice punished by a fine, and that the Defendant agreed with the hospital and the hospital.
However, after the crime of this case was committed by assaulting a fire station first responder of the defendant to transfer the defendant to a hospital, throwing away medical instruments for emergency medical services or obstructing emergency medical treatment of nurses, and the nature of the crime is not weak. In particular, interference with emergency medical services in an emergency room such as the crime of this case may cause serious harm to the life or body of an emergency patient, and thus requires severe punishment, the punishment imposed by the court below on the defendant is determined within the proper sentencing range.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.