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(영문) 서울남부지방법원 2018.06.07 2017노739
응급의료에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable in light of the following: (a) the Defendant’s suffering is too severe and contingent to commit the instant crime; (b) the degree of damage caused by the instant crime is not significant; (c) the Defendant is against his fault; and (d) the Defendant’s economic situation is not good.

2. Taking into account the circumstances alleged by the Defendant, the instant crime does not appear to have exceeded reasonable discretion, in full view of the following: (i) the Defendant’s act of violence in an emergency room prevents the medical treatment of emergency patients; (ii) the Defendant’s favorable circumstances are already reflected in the sentencing of the lower court; (iii) there is no special circumstance or change in circumstances that may be newly reflected in the sentencing; (iv) there is no agreement with the victim; and (v) other conditions of sentencing indicated in the instant case, including the Defendant’s criminal record, age, sexual conduct, and after the crime, the sentencing of the lower court does not seem to have exceeded reasonable discretion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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