logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.09.28 2016노937
응급의료에관한법률위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (6 million won) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. As to each of the unlawful arguments of sentencing by the Defendant and the prosecutor, it is recognized that the Defendant committed each of the instant offenses, even though it was found that the Defendant was repenting of his mistake, each of the instant offenses was obstructed by force by the Defendant at the D Medical Center emergency room at around 3 times in the new wall to view the emergency medical services of emergency medical service workers who are engaged in an emergency medical service at the D Medical Center. In light of the form, method, and method of punishment, etc., the offense is very bad, and the Defendant committed each of the instant offenses, even though he was sentenced to a fine, suspension of execution, and punishment due to violent crimes, without being aware of the fact that the Defendant committed each of the instant offenses; the Defendant did not receive a letter from the insulting victim; the Defendant’s age, sexual behavior, environment, motive, means and consequence of each of the instant offenses; and the circumstances after the crime, etc., if considering all of the sentencing conditions expressed in the instant pleadings, such as the motive, method, and consequence of each of the instant offenses, the Defendant’s sentence is too unfair.

Therefore, the prosecutor's argument is justified, while the defendant's argument is without merit.

3. As such, 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 the decision is rendered again after pleading (Provided, That the prosecutor’s appeal has merit and the judgment of the court below is not dismissed as long as the judgment of the court below is reversed on the grounds of the prosecutor’s appeal). The summary of the facts constituting an offense and the evidence and the summary of the evidence related thereto, which the court acknowledged, are the first head of the judgment below, “the defendant was sentenced to ten months of imprisonment with prison labor for an injury, etc. in the Daegu District Court Kimcheon-cheon Branch on August 21, 2014 and completed the execution of the sentence on April

“........ in the column of the evidence....

arrow