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(영문) 서울중앙지방법원 2014.09.25 2014노1375
응급의료에관한법률위반등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the judgment of the court below (the first judgment: the fine of two million won, the second judgment: imprisonment with prison labor of one year and six months) is too unreasonable.

Before determining the Defendant’s assertion of unfair sentencing, prior to the determination of ex officio, the Defendant filed an appeal against the first and second judgment of the lower court, and decided to concurrently deliberate on each of the crimes in the first and second judgment. Each of the crimes in the first and second judgment against the Defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes under Article 38(1) of the Criminal Act. As such, the first and second judgment cannot be maintained.

In conclusion, the first and second judgment of the court below did not decide on the defendant's assertion of unfair sentencing, and it did not reverse all the above judgment of the court below pursuant to Article 364 (2) of the Criminal Procedure Act, and further decide as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court as well as the facts charged in the second instance [2014 Highest 1910] 1-1

B. In addition to the dismissal of “victim H” as “victim U,” as stated in the corresponding column of the first and second original judgment, it is identical to that stated in each corresponding column of the first and second original judgment, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 60 (1) 1 of the relevant Act and Articles 60 (1) and 12 of the Emergency Medical Service Act concerning facts constituting an offense, and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Punishment of Violences, etc. Act, Article 311 of the Criminal Act, Article 141 (1) of the Criminal Act, Article 141 (1) of the Criminal Act, Article 314 of the Criminal Act, Article 314 of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act

1. Article 35 of the Criminal Act among repeated crimes.

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