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(영문) 대구지방법원 2020.01.30 2019노1740
응급의료에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) imposed by the lower court is too unfilled and unreasonable.

2. The instant crime was committed in an emergency room where the Defendant’s treatment related to the life of the above-mentioned patients ought to be given timely, and the nature of the crime is not good and the possibility of criticism is high.

The defendant, who has been punished more than ten times only for violent crimes, committed the crime of this case during the period of repeated crime according to robbery and bodily injury.

However, it is not that the defendant directly uses the victim's tangible power, but the extent of assault by the defendant is not too serious.

The victim expressed his intention not to be punished by the defendant on the condition that the defendant does not suffer any additional damage.

The defendant was detained in violation of the Emergency Medical Service Act in Daegu District Court Kimcheon-do(2019 Highest 570) and was tried.

The defendant's health is not good at present.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense, and the circumstances after the offense, etc., the sentence imposed by the lower court is too unreasonable and unfair.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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