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(영문) 대전지방법원 2019.05.30 2018노3173
응급의료에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

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

2. The circumstances favorable to the defendant include the fact that the judgment defendant led to the confession of the crime of this case, and that the defendant did not exercise the direct tangible power against the victim.

However, the act of interference with emergency medical services in an emergency room is a crime that may cause serious harm to the life or body of an emergency patient and requires severe punishment; the defendant has a record of being subject to juvenile protective disposition or criminal punishment several times due to the same violent crime and the crime of eficial crime; the defendant committed the crime of this case even though he was sentenced to a fine once during the period of repeated crime; the defendant committed the crime of this case; the defendant was responsible for the victim at an investigative agency; and the defendant was still in the position of the victim in this court; it is difficult to see that the defendant still still has a matter of the victim's attitude; and the defendant was not able to use it from the victim or agreed with the victim until the trial of the case; taking full account of various circumstances such as the motive, circumstance, means and method of the crime of this case; the defendant's age, character, career, environment, etc. before and after the crime of this case; it is deemed that the defendant's punishment against the defendant is too unfair.

Therefore, the prosecutor's argument of unfair sentencing is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied reasoning of the judgment below] Summary of facts constituting a crime and evidence recognized by this court is a summary of facts constituting a crime and evidence. "Defendant is a defendant's assistance in the Daejeon District Court on October 7, 2008."

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