A. Fact misunderstanding (as to the charge of violating the Emergency Medical Service Act), the Defendant did not have committed a nurse at the time of the instant case.

B. The punishment of the lower court (six months of imprisonment and two years of suspended execution) is too unreasonable.

2. Determination

A. In full view of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court, as to the assertion of misunderstanding of facts (related to the point of violation of the Emergency Medical Service Act), it can be sufficiently recognized that the Defendant committed an assault against the victim E, who is an emergency medical employee at the time of committing a crime of violating the Emergency Medical Service Act, as stated in this part of the facts charged, and that there was an incomplete intention on the said assault against the Defendant at least.

Therefore, the defendant's assertion of facts is without merit.

① The victim E made a statement at an investigative agency to the effect that “The Defendant instructed and explained the Defendant to prevent him from going out of the invasion, but the Defendant was at the time when the Defendant was faced with the left lower part and the right upper part while enhancing the speech (the investigation record six pages)” (the victim was at the time that the Defendant did so one time with the Defendant’s hand and one left part).

However, this is merely deemed to be a mere fact that the injured party has no light situation at the time when the injured party was abused by the accused and is unable to accurately understand or memory the detailed situation, and it is difficult to view it as a circumstance to suspect the credibility of the injured party’s statement. ② According to CCTV video (Investigation Records 10 pages) in the emergency room (Investigation Records), it is possible to confirm the appearance of the injured party’s body appears to be light and the circumstances where other nurses in the emergency room are able to wear up the injured party’s body and speak the accused. This is consistent with the above victim’s statement.

(3) The defendant intends to go on to go on from a beds by an investigative agency.