(영문) 창원지방법원 2014.10.15 2014노1224 | 리걸엔진

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(영문) 창원지방법원 2014.10.15 2014노1224

응급의료에관한법률위반

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1. The judgment below is reversed.

2. Defendant shall be punished by a fine of KRW 1,000,000.

3. The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant does not take a bath or have a disturbance for a period of one to two minutes in an emergency room, as stated in the facts charged, and there is no fact that the Defendant made a noise for a period of one hour, as stated in the facts charged.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (fine 1,500,000) is excessively unreasonable.

2. Determination

A. Although the Defendant recognized all the facts constituting the instant crime at the lower court’s judgment on the assertion of mistake of facts, the Defendant stated that there was no disturbance for one hour as stated in the facts charged, and thus, whether the Defendant had avoided disturbance for one hour from September 20, 2013 to September 22, 2013 is examined.

According to CCTV images duly adopted and examined by the court below and the court below, i.e., the following circumstances acknowledged by evidence, i.e., ① the defendant was hospitalized in an emergency room from 14:23 to 15:01 on the day of the crime of this case, and the defendant was unable to reach a disturbance for the above period, such as that the person related to the hospital and the person visiting the emergency room did not pay special attention to the defendant, but there is no circumstance to find that the defendant was unable to do so. However, the defendant's act of committing the above 15:01, starting from the above 15:01, and it appears that the defendant was able to avoid disturbance until 15:28, the statement of investigation report (the CCTV of the D Hospital emergency room) also corresponds to this, <3> the hospital staff staff and the employee F.O. at the time of the crime of this case was stated in the statement that the defendant 20 to 30 minutes were humped by the nurse, doctor, etc. at the time of this case (hereinafter referred to 15:15).).

유사 판례

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