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(영문) 의정부지방법원 2013.05.30 2012고정2987

폭행

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the guardian of a patient who is hospitalized in the 10th general ward of the D Hospital located in Dong-ri-si, Gyeonggi-si, and the victim E is the doctor on duty as a medical doctor within the heart of the above hospital.

On August 25, 2012, at the above hospital around 22:00, the Defendant: (a) expressed that a medical specialist, who is not a medical specialist, reads MRI with respect to the spouse of the Defendant hospitalized in the hospital; (b) expressed the victim’s desire to “Fraud, e.g., e., e., g., e., e., g., e., e., e., e., e., e., e.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness E’s legal statement;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. The defendant and his defense counsel asserted that, at the time of the case, the victim’s bath and breath had no fact, and the possession of the arms alone is a legitimate act that does not go against social norms and its illegality is dismissed.

2. According to the statements made by the witness E in this court, the above argument is rejected, since the defendant's act is difficult to be seen as a legitimate act in light of the following: (a) the defendant took a bath to the victim; and (b) the defendant took a breath and pushed the breath; and (c) the circumstances leading up to and following the breath of the victim's