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(영문) 울산지방법원 2018.12.20 2018노947
응급의료에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (five million won penalty) imposed by the court below on the defendant is too unreasonable.

2. The circumstances favorable to the Defendant are that the Defendant made a confession of the instant crime and reflects his mistake, and that the Defendant’s crime of this case does not seem to have suffered substantial damage on the part of the emergency patients.

However, the Defendant’s crime of this case was conducted without permission in a region other than Ulsan, even though he did not obtain a license for the transportation of emergency patients in a region other than Ulsan, and in particular, he did not seem to be unfair since punishment imposed by the lower court is too unreasonable, considering all other circumstances, such as the Defendant’s age, sex, environment, motive and circumstance leading up to the instant crime, the means and consequence thereof, and the circumstances after the instant crime, etc., by taking account of the following circumstances, such as the fact that the Defendant’s crime was committed, and the details of the crime were contrary to the legislative intent of the Emergency Medical Service Act, such as falsely taking out four types of insurance as if he was engaged in the operation of the emergency patient transport business with the necessary nurse’s license lending and actually engaged in the operation of the emergency patient transport business.

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

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