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(영문) 수원지방법원 2017.11.17 2017노5661
응급의료에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. 항소 이유의 요지 1) 사실 오인 피고인은 이 사건 당시 피해 의료인 D이 제대로 치료를 해 주지 않아 경고 차원에서 뺨을 어루만지듯이 톡톡 건드렸을 뿐, D을 폭행한 사실이 없다.

2) At the time of each of the instant crimes, the Defendant with mental and physical disorder was in a state of mental and physical weakness by drinking alcohol.

3) The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. 1) According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the following circumstances are acknowledged.

① At the time of the instant case, D was prepared by an investigative agency to scam together with the Defendant after disinfecting the Defendant’s wife at the time of the instant case. However, there was a fact that the Defendant scam and scam the Defendant’s left side by scam.

2. At the time of the instant case, the Defendant was asked for a number of male employees, even though they were scamed by a male employee.

A statement was made (see, e.g., 24 pages). A statement was made to the effect that it recognizes the fact that the Defendant interfered with emergency medical services at the time of the instant case (see, e.g., 25 pages of investigation records). (3) According to CCTV images, it is not possible to clearly confirm the face of the Defendant when the Defendant was placed D, but it is possible to confirm that the Defendant satise D several times, satisfing D, satisfing D’s hand back, satisfing D’s hand back, and satisfing D’s hand (see, e.g., 32, 42 pages of investigation records). Taking full account of the above circumstances, the Defendant can fully recognize the fact that he abused D as stated in the

Therefore, this part of the defendant's assertion is rejected.

2) According to the record of determination on the assertion of mental disorder, the Defendant is deemed to have been under the influence of alcohol at the time of each of the instant crimes, but the circumstances leading to the crime, the means and method of committing the crime, and the crime.

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