(영문) 의정부지방법원 2019.05.31 2018노1712

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Reasons

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자간(%)

(영문) 의정부지방법원 2019.05.31 2018노1712

응급의료에관한법률위반등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. On August 22, 2017, the lower court, within the scope of the instant court’s trial, dismissed the public prosecution regarding the insult of the officer and employees of the hospital (excluding B and C) and the rest of the charge except for B and C on August 22, 2017, and pronounced not guilty of the insult of B and C on August 22, 2017, and found guilty of the remainder of the charges.

However, regarding the guilty portion of the judgment of the court below, the prosecutor appealed from the acquittal portion and the guilty portion among the judgment of the court below, and since the part of the judgment of the court below concerning the dismissal of public prosecution among the judgment of the court below was not dismissed by both the defendant and the prosecutor, the part concerning the dismissal of the above public prosecution among the judgment of the court below becomes separate and final, the

2. Summary of grounds for appeal;

A. (1) Defendant (1) did not have committed any crime identical to that stated in the instant facts charged.

Nevertheless, the judgment of the court below which found the defendant guilty of the violation of the Emergency Medical Service Act, interference with each business, around August 21, 2017, around 15:30, and around 15:00 on August 22, 2017, among the facts charged in the instant case, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

(2) The sentence imposed by the lower court (six months of imprisonment and two years of suspended execution) is too unreasonable.

B. (1) In full view of the evidence submitted by the prosecutor in relation to each insult B and C around 10:00 on August 22, 2017, the fact that the Defendant had been more patients in addition to the prime official and employees at the time of insulting remarks can be sufficiently recognized.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

(2) The above sentence imposed by the lower court on the grounds of unreasonable sentencing is too uneasible and unreasonable.

3. Determination

A. Regarding the Defendant’s assertion of mistake of facts.

참조조문

-응급의료에 관한 법률

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