119구조ㆍ구급에관한법률위반
The prosecutor's appeal is dismissed.
1. In full view of the following facts: (a) the summary of the grounds for appeal is consistent and there is no motive to make a statement different from the fact; (b) even if the Defendant’s act was committed by a first responder E, even if the said first responder E’s fingers were to have a breathic force toward his body, it can be deemed as an act of violence by itself as a tangible force against his body; and (c) the Defendant: (a) at the time when he duped so that he was frightening off the patient inside the ambulances, or told the said first responder that he would be “the same as that of the first responder; (b)” or “the said first responder,” the Defendant could be found to have interfered with the rescue and emergency medical services of the first responder E, the lower court
2. Determination
A. The lower court rendered a not guilty verdict on the facts charged in the instant case on the grounds that it is difficult to readily conclude that the Defendant carried out a bridge, only with the evidence submitted by the prosecutor on the grounds as stated in its reasoning, and that other acts of the Defendant cannot be deemed as an interference with the activities of
B. Examining the above judgment of the court below after comparing it with records, the judgment of the court below is just and it is not recognized that the prosecutor erred by mistake of facts or by misapprehending legal principles as alleged in the grounds for appeal.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.