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(영문) 서울중앙지방법원 2019.05.23 2019고단1697
의료법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall assault or threaten any medical person, assistant nurse, or medical technician who conducts medical practice at a place where medical practice is performed, or any person who is receiving medical practice.

Around 22:00 on March 2, 2019, at the waiting room of the first floor in Gwanak-gu, Seoul Special Metropolitan City, the Defendant explained the status of the Defendant to his guardian, but he committed an act to make his guardian when he was in his care, and the victim D prevented him from doing so, and the Defendant obstructed the victim E (the 25 years of age) who was a nurse who was at the site and was at the scene.

Accordingly, the victims moved the defendant to an emergency room, and the defendant was pushed the victim E's chest in a hand.

Accordingly, the defendant assaulted victims at the place where medical practice was performed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each victim of D or E;

1. Application of three parts of the Acts and subordinate statutes to on-site photographs, suspect flags, flag photographs;

1. Relevant provisions of the Criminal Act and Articles 87 (1) and 12 (3) of the Medical Service Act concerning the selection of criminal facts, and the choice of imprisonment;

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

1. The extent of the tangible force of the Defendant’s exercise of the reason for sentencing under Article 62(1) of the Criminal Act, and other circumstances constituting the sentencing conditions indicated in the records of this case, including the Defendant’s age, criminal records, character and conduct, environment, motive and consequence of the crime, and the circumstances after the crime, shall be determined as ordered.

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