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(영문) 광주지방법원 2019.10.29 2019노1654
응급의료에관한법률위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The lower court dismissed the public prosecution as to the insult of the facts charged in the instant case and convicted the remainder of the facts charged.

In this regard, the defendant and the prosecutor appealed only to the guilty part.

The judgment below

Among the above, the dismissal of the prosecution that the defendant and the prosecutor did not appeal was separated and confirmed as it is.

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

2. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 was under the influence of alcohol at the time of the instant crime, and at the time of the instant crime, the Defendant was in the state of defectiveness or mental and physical disability. 2) The lower court’s sentence of unreasonable sentencing (fine 7,000,000) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

3. Determination

A. In light of the background leading up to the instant crime, the means and methods of the commission of the crime, and the circumstances before and after the commission of the crime, etc., the circumstance where the Defendant drinking alcohol at the time of each of the instant crimes exists. However, such circumstance alone alone did not have the ability to discern things or make decisions.

It is insufficient to view that the defendant was in a state or weak, and there is no other evidence to prove the mental disorder of the defendant.

Therefore, the defendant's mental disorder is not accepted.

B. The instant crime on the assertion of unfair sentencing by the Defendant and the prosecutor is an unfavorable circumstance where the crime of this case interferes with the normal emergency medical treatment of emergency medical personnel by exercising power, such as avoiding disturbance, etc. within the emergency room, and the nature of the relevant crime is not good, and the Defendant has multiple criminal records of violence.

On the other hand, the fact that the defendant recognized the crime of this case and agreed with the victim is favorable.

There is no special relationship or change of circumstances that can be newly considered in the trial of the party, and the age, character and conduct, family relationship, circumstances of crimes, and crimes.

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