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(영문) 대구지방법원 2016.12.23 2016노4387
응급의료에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.

2. The judgment of the Defendant recognized the instant crime and is in profoundly against the Defendant, and there is no particular criminal force since 2004, and the victim E wishes to have the Defendant’s wife.

However, interference with emergency medical services in an emergency room, such as the instant crime, may cause serious harm to the life or body of an emergency patient, and thus, the nature of such crime is not weak, and the defendant is relatively old, but has a history of criminal punishment several times for violent crimes.

In addition, there is no particular change in sentencing conditions compared with the original judgment because new sentencing data is not submitted in the trial.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, it is not recognized that the lower court’s punishment is too unreasonable.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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