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(영문) 창원지방법원 2021.01.29 2020노2332
응급의료에관한법률위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence 1 to 1.0

Reasons

1. Summary of grounds for appeal;

A. The Defendant explicitly withdrawn the assertion of mistake of facts on the first trial date.

A. The lower court’s unfair sentencing (one year and four months of imprisonment, confiscation) is too unreasonable.

B. At the time of committing a crime, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions due to mental illness.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court on the Defendant’s argument of mental and physical weakness, the fact that the Defendant was under the influence of alcohol at the time of committing the instant crime is recognized.

However, in light of the circumstances acknowledged by the above evidence, the process of the instant crime, the Defendant’s behavior immediately after the instant crime, and the Defendant’s attitude to make a statement to an investigative agency, etc., the Defendant had weak ability to discern things or make decisions due to drinking or mental illness at the time of the instant crime.

shall not be deemed to exist.

Therefore, the defendant's mental and physical weak argument is without merit.

B. The Defendant, in an emergency room, abused a nurse, destroyed a flag, assaulted or threatened the main agent, etc., damaged the entrance door, etc. of the leased house, and repeatedly transmitted letters and photographs that cause fears or apprehensions to the lessor of the newly leased house. Such crime committed by the Defendant is not likely to be committed in light of its circumstances and methods.

It is highly likely to criticize the defendant in that the defendant committed violence and intimidation, carried excessive objects, etc., which are dangerous objects, and committed some crimes even after being prosecuted for committing a violation of the Emergency Medical Service Act.

The defendant did not receive a letter from some victims.

The defendant shall commit violence in 2014.

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