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(영문) 광주지방법원 2019.01.09 2018고단3562

의료법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On March 24, 2018, at the emergency hospital located in Gwangju Northern-gu, Gwangju, the Defendant 2018. On the grounds that the Defendant’s wife was in an emergency room due to the Defendant’s wife’s head and did not promptly treat the Defendant, the Defendant 2 was flicker C of the above hospital with sound, i.e., “F., f., f., f., f., d., f., f., f., f., f., f., f., d., f., f., f., f., f., f., f., f., f., f., f., c

2. No person who violates the Medical Service Act shall assault any medical person or any person who receives medical practice at a place where medical practice is performed;

Nevertheless, the Defendant, a nurse of the above hospital (the age of 26) who performed medical acts such as treatment of an emergency patient at the time, time, and place under Paragraph 1, prevented the Defendant from disturbing the disturbance as prescribed in Paragraph 1, and assaulted the victim’s spath by spathing and spathing the spathn by spathn.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, D, and E;

1. Each statement G and C;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a investigation report (related to the analysis and photographing of CCTV images in an emergency room);

1. Relevant Article 260(1) of the Criminal Act, Article 87(1)2 of the Medical Service Act, and Article 12(3) of the same Act concerning facts constituting an offense, the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant committed a crime against a medical person, such as assault, etc. at a place where medical treatment is performed, and the content of the crime may affect not only the medical personnel but also the other patients, and that there is a prior conviction for violent crimes.