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The judgment of the court below is reversed.
Defendant
B shall be punished by a fine of 4,000,000 won.
Defendant
B The above fine shall not be paid.
Reasons
1. Summary of grounds for appeal;
A. In fact, the Defendants did not assault or injure victims.
In addition, the act of this case by Defendant B does not constitute a threat of interference with business.
B. Defendant A, at the time of the instant case, was in a state of mental and physical loss due to a mental disorder caused by the crymal disorder caused by brain death.
(c)
The punishment sentenced by the court below against the defendants (the fine of KRW 3 million, and the fine of KRW 4 million) is too unreasonable.
2. Ex officio determination
A. In light of the relevant legal principles, the victim F, H, G, and I-related legal principles refer to a case where one act satisfies the actual constituent requirements. Legal concurrence refers to a case where one act appears to constitute only one crime but also constitutes only one crime, as if the act appears to meet the constituent requirements of several crimes. In fact, whether a crime is a crime or multiple crimes ought to be considered and determined in terms of constituent assessment and protection of legal interests.
In addition, the special relation, which is a form of a landscape agreement under one law, should meet the requirements of the special law, in addition to all the elements of the composition requirements different from those of the other composition requirements, and the act meeting the requirements of the special law does not meet the requirements of the special law (see, e.g., Supreme Court Decisions 2002Do6033, Apr. 8, 2003; 2012Do1602, Dec. 27, 2012). 2) Article 60(1)1 of the Emergency Medical Service Act provides that “any person who interferes with rescue emergency measures or medical treatment for an emergency patient by means of violence, intimidation, deceptive scheme, force, or any other means, shall be punished by imprisonment for not more than five years or by a fine not exceeding 50,000 won,” and Article 314(1)1 of the Criminal Act provides that “a person who interferes with rescue emergency measures or medical treatment for an emergency patient by a deceptive scheme or any other means.”