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(영문) 대법원 2020.09.24 2020도8142

응급의료에관한법률위반등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the public prosecutor, the lower court reversed the first instance judgment convicting Defendant A of violation of the Emergency Medical Service Act and acquitted the Defendant on the ground that there was no proof of crime among the facts charged in the instant case.

Examining the record in accordance with the relevant legal doctrine, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the prosecutor did not indicate in the petition of appeal or the appellate brief the grounds of objection against the conviction.

2. On the grounds of appeal by Defendant A, the lower court convicted Defendant A of the violation of the Punishment of Violences, etc. Act (joint injury) and the violation of the Road Traffic Act (non-accident after accident) among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on self-defense.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed, an appeal on the grounds of unfair sentencing

Defendant

In this case where a minor sentence is imposed against A, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

3. As to Defendant B’s appeal, Defendant B did not submit the grounds of appeal within the submission period, and Defendant B did not state the grounds of appeal in the petition of appeal.

4. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.