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(영문) 수원지방법원 2019.07.19 2019노2206
응급의료에관한법률위반등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The lower court sentenced the Defendant to eight months of imprisonment, taking into account the unfavorable circumstances and favorable circumstances for the Defendant.

In light of the following: (a) the conditions for sentencing in the trial; (b) the Defendant was sentenced to imprisonment for a criminal offense that threatens the medical personnel in an emergency room to harm himself/herself; and (c) the Defendant again committed the instant crime against the medical personnel in an emergency room without any reflection; and (d) the record of having been punished for a violation of the Emergency Medical Service Act was two times (one time of fine and one time of suspended sentence of imprisonment): Provided, That in the case of a trial of a party, it is assessed that the sentencing of the lower court exceeded the reasonable bounds of the discretion when comprehensively considering the following: (a) the fact that the doctor D does not wish to punish the Defendant; or (b) the fact that the decision of the lower court is inappropriate to maintain the sentencing as it is, no such circumstance is found.

In addition, considering the circumstances and results of the instant crime, Defendant’s age, character and behavior, environment, etc. after the instant crime, the sentence of the lower court is appropriate, and it is not deemed that it is too heavy or unreasonable.

Therefore, both prosecutor and defendant's assertion are without merit.

3. The appeal by the prosecutor and the defendant is without merit and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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