2020Do6174 Violation of the Punishment of Violences, etc. Act (joint residence), aviation

Violation of Acts, Emergency Medical Treatment Act

1. A;

2. B

3. C.

Defendants and Prosecutor

Law Firm Hann Law Firm(for the defendant, Counsel for the defendant-appellant)

Daejeon District Court Decision 2020, April 29, 2012

August 20, 2020

All appeals are dismissed.

The grounds of appeal are examined.

1. Judgment on the grounds of appeal by the prosecutor

For the reasons indicated in its holding, the lower court reversed the first instance judgment convicting the Defendant of violation of the Punishment of Violences, etc. Act (joint residence intrusion) among the facts charged in the instant case, and sentenced the Defendant not guilty. Examining the reasoning of the lower judgment in light of the relevant legal doctrine and evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on “a structure exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules”

2. Judgment on the Defendants’ grounds of appeal

For the reasons indicated in its holding, the lower court convicted the Defendant of violating the Emergency Medical Service Act among the facts charged in the instant case. Examining the reasoning of the lower judgment in light of the relevant legal doctrine and 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 “medical appliances for emergency medical treatment” under Article 12 of the Emergency Medical Service Act, and the establishment

3. Conclusion

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

Justices Kim Jae-sik, Counsel for the defendant

Justices Min Min-young

The chief Justice Justice shall mobilized

Justices Noh Tae-ok