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(영문) 의정부지방법원 2020.11.26 2019노2584

상해등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

【Reasons for Appeal】

1. Summary of grounds for appeal;

A. The judgment of the court below that the defendant's act of mistake of facts or violation of law falls under Article 50 subparagraph 1 (c) and Article 16 (2) of the Framework Act on Fire Services but does not so is erroneous, or there is a violation of the law that affected the judgment.

B. The lower court’s sentence (one million won of a fine) against the Defendant on the grounds of unreasonable sentencing is too uneasible and unreasonable.

2. The judgment of the court below should be reversed in its entirety on the ground that the defendant's indictment against the defendant was permitted to change its content from "in the case of injury, injury, violation of the Act on 119 Rescue and Emergency Medical Services, preliminary injury, and obstruction of performance of official duties" to "each commercial concurrent crime caused by the obstruction of performance of official duties."

3. The judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, on the grounds of ex officio reversal. The judgment below is reversed, and the following is again decided after pleading.

【Reasons for Prosecution’s Prosecution’s Death】 On January 2, 2019, at the home of the Defendant located in the Gu government city B around 00:30, the victim C (the age of 37) who is the 119 first responder of the medical fire fighting unit, on the part of the Defendant’s living south of the Defendant, conducted a patient evaluation and explained that the transfer of the hospital is unnecessary, on the ground that the Defendant did not immediately transfer D to the hospital, he took a bath to the victim on the ground that he did not transfer the victim’s her her her her her her her her her her her her her her her her her her her her her her her own her

As a result, the defendant caused the victim to suffer approximately 14 days of treatment and interfere with the emergency medical services of the 119 first responder who called up at the same time.

Summary of Evidence

1. The defendant's oral statement in court;

1. Statement to C by the police;

1. A E-document;

1. An injury diagnosis letter1.