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(영문) 대전지방법원홍성지원 2020.09.23 2020고단498

의료법위반등

Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No person shall assault or threaten any medical person, assistant nurse referred to in Article 80, or medical engineer referred to in Article 2 of the Medical Technicians, etc. Act, or any person who has received medical practice, at a place where medical practice is performed.

Nevertheless, at around 14:00 to 15:30 on December 15, 2019, the Defendant expressed that, in the case of the first floor of C Hospital B located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, the Defendant expressed that, on the ground that the victim D (Inn, 37 years of age) who is an assistant nurse did not properly harm the blood, the Defendant left the victim's left shoulder several times, and left arm's length. The Defendant followed the victim who was taking the victim's corridor outside of the main fact of the damage, and followed the patient by about 10 patients and 2 employees of the prime office and the victim, the Defendant expressed that, “I wanted to “Is the victim who was fluend about 10 children, the day of the day of the day of the day of the day of the bitch, and the day of the day of the bitch.”

Accordingly, the defendant assaulted the victim who is an assistant nurse who conducts medical practice at a place where medical practice is performed, and openly insulting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D;

1. Relevant legal provisions concerning facts constituting an offense, Articles 87-2 (2) 2, 12 (3) of the Medical Service Act (the point of violence by assistant nurses), Article 311 of the Criminal Act (the point of insult) and the selection 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 act of assaulting a nurse at a place where medical care for sentencing grounds under Article 334(1) of the Criminal Procedure Act is performed is an act that affects not only the victim but also other patients’ treatment. Furthermore, the Defendant insulting the victim at the time of committing the instant crime.

However, all of the crimes of this case are recognized by the defendant, the damage of the victim is not serious, and the defendant is the first offender.