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(영문) 수원지방법원 2017.07.07 2017노1082
응급의료에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal 1) misunderstanding of the facts and misapprehension of the legal principles (1) - Defendant 1 merely stated that the time of the instant case stated that “I would like to treat it as a low will”, “I would like to have a different hospital in this case,” “I would have a proper sticking of a injection, I would cut off to a doctor or nurse,” as stated in the facts charged in the instant case.

There is no desire to “.....”

(2) As such, the Defendant did not have had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had

(3) Even if the Defendant, as indicated in the facts charged of the instant case, has obstructed emergency medical services by taking a bath.

Even if the hospital at the time did not receive an emergency treatment, it constitutes a justifiable act that does not violate the social rules and regulations.

2) The sentence of the lower court (an amount of KRW 3 million) that is unfair in sentencing is too unreasonable.

2. Determination 1) In full view of the evidence duly admitted and examined by the lower court regarding the assertion that there was no desire for the determination, the following circumstances are recognized.

(1) At the time of the instant case at an investigative agency, the Defendant used the expression “Crest”, and “Is the intention or will.”

There is a fact that the phrase “I am to be treated now,” “I am, and I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am off before you throw away.”

(2) Medical doctor E and nurse G have been continuously expressed by the lower court or the investigative agency as described in the facts charged in this case.

The statement was made (Evidence 30 to 32, 58 to 60, 87 to 88, 91, and 93, of the trial records), and the copy of the nursing record (see Evidence 11) conforms to the respective statements of E and G.

③ At the lower court, G directly heard the case immediately after the occurrence of the case.

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