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(영문) 춘천지방법원 2019.10.18 2019노449
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (in-depth deliberation and unreasonable sentencing) ① The death diagnosis report was collected in violation of the Medical Service Act.

② Unlike the lower court’s determination, the Defendant’s injury caused by assault is limited to “influent part” and the treatment period for brain-dead sugar is three weeks (21 days).

③ Ultimately, unlike the reasoning of the lower judgment’s sentencing, the victim’s injury does not constitute “serious injury” as indicated in the sentencing guidelines. As such, the lower court’s punishment is too unreasonable in light of the aforementioned reasons.

2. Determination

A. We examine the admissibility of the injury diagnosis document.

The instant medical certificate of injury is deemed to have been issued by the victim. The Defendant asserts that the issuance of a medical certificate by a person other than the victim is illegal, and thus, it constitutes illegally collected evidence.

However, the relevant provisions of the Medical Service Act aim to protect the victim's secrets, and the instant written diagnosis appears not to be contrary to the victim's intent in light of the circumstances issued and submitted for the benefit of the victim. Thus, even if there are parts contrary to the Medical Service Act in the process of issuing a written diagnosis, the admissibility of evidence of the written diagnosis for such reasons

Furthermore, it can be sufficiently recognized that the defendant was injured by dangerous things to the victim even with the testimony, photograph, etc. of the related persons except the written diagnosis.

B. The degree of injury to the victim is pinzine.

The Defendant asserts to the effect that the part of the charge and the part of the injury in the injury diagnosis form are not in accord with each other, and the period of medical treatment in the brain saliva is three weeks in full view of the medical records, unlike the injury diagnosis form

However, the specific name of diagnosis and the selection of the disease classification code is in accordance with the judgment and discretion of the issuer of the medical certificate, and the part of the medical certificate's injury is the item, head, and other matters.

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