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(영문) 대구지방법원 2017.10.27 2017노2412
응급의료에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. Although there is no criminal history to impose a fine exceeding the judgment on the defendant, the crime of this case is deemed to have been committed in light of the fact that the defendant interfered with emergency medical services by exercising his/her authority, such as taking a bath for emergency medical service workers and avoiding disturbance, and the responsibility for the crime is not provided, that the defendant has the record of punishing twice a fine due to violent crimes, and that the defendant has shown a attitude of light of criminal trial procedures, such as continuing absence in the court of original trial, etc. In addition, considering the defendant's age, sexual behavior, environment, family relationship, circumstances after the crime, etc., the court below's punishment is too uneasible and unfair. Thus, the prosecutor's assertion has merit.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 1 and Article 12 of the Act on the Punishment of Crimes and the Emergency Medical Service for the Selection of Punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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