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(영문) 대구지방법원 2020.12.16 2020노3103
응급의료에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). It is recognized that the Defendant reflects his/her mistake.

However, the Defendant interfered with the medical practice of emergency medical personnel in an emergency room in which an emergency patient was under medical treatment and has to be strictly protected, and occupied the medical instruments for medical use.

The defendant was not able to obtain a letter from the victim, and the defendant has a criminal record related to violence, and the defendant has reached several times.

In addition to the fact that there are no special circumstances or changes in circumstances that may be newly considered in sentencing after the judgment of the court below was rendered, taking into account all the factors of sentencing as shown in the records and arguments of this case, including the defendant's age, occupation, family relation, criminal record, and criminal records, the sentence of the court below is not heavy.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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