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(영문) 인천지방법원 2016.11.25 2016노3289
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, probation, community service order 120 hours and 80 hours of alcohol treatment lectures) that the court below sentenced to the defendant is too uneasy and unreasonable.

2. Obstructing emergency medical services in an emergency room, such as the instant crime, may cause serious harm to the life or body of an emergency patient, and thus requires strict punishment, etc. However, considering the fact that the defendant's mistake and reflects against the defendant, the victim E and emergency medical personnel who suffered damage do not want to be punished against the defendant, and other various sentencing conditions specified in the instant argument, such as the defendant's age, character and behavior, environment, family relationship, details and motive of the crime, means and consequence, frequency of the crime, and circumstances after the crime, the sentence imposed by the court below is too unjustifiable and unreasonable.

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

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