(영문) 제주지방법원 2018.12.06 2018노195 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 제주지방법원 2018.12.06 2018노195

상해등

Text

The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall be imposed on the defendant.

Reasons

1. Of the facts charged in the instant case, the lower court dismissed the public prosecution regarding the charge of assault and assault, and convicted each of the remaining facts charged. Since only the Defendant appealed on the guilty portion among the lower judgment, the part dismissing the public prosecution for which the Defendant and the Prosecutor did not appeal was separated and finalized as it is.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. Although the Defendant did not assault E or interfere with the work of E and F at the time of the instant case, the lower court erred by misapprehending the legal doctrine or thereby adversely affecting the conclusion of the judgment.

3. Determination

A. Before determining the grounds for appeal by the Defendant, the part of the judgment of the court below, which was based on the premise of the initial indictment due to changes in this part of the facts charged, which was made ex officio in health room and in the trial of the party, became unable to be maintained

However, the above argument by the defendant is still subject to a trial by the court, even if there is such a ground for ex officio reversal, and this is examined.

B. According to the evidence duly admitted and examined by the court below, the defendant can be acknowledged as having avoided disturbance in the process of trying to challenge a large number of patients and guardians within five minutes of the hospital at the time of the instant case due to the following: (a) the number of nurses E and the chief of the prime department of the hospital at the time of the Defendant’s speech and sound; and (b) the defendant’s these acts interfered with the management of E and F hospitals by force even when considering the motive as alleged by the defendant.

(c)

Therefore, the above argument by another defendant is without merit.

4. The guilty portion of the lower judgment is reversed pursuant to Articles 364(2) and 364(6) of the Criminal Procedure Act.

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