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(영문) 수원지방법원 안산지원 2020.04.16 2019고정987
폭행등
Text

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

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

Reasons

Punishment of the crime

1. At around 13:41 on August 31, 2019, the Defendant committed assault against the victim on the ground that: (a) the victim D, an employee of the principal department, (b) did not properly explain the details of the hospital expenses while settling the hospital expenses in front of the first floor of the “C Hospital” located in Ansan-gu, Ansan-si; (c) in front of the first floor of the “C Hospital,” which was hospitalized in treatment due to traffic accidents; (d) the victim D, who was an employee of the principal department, did not have properly explained the details of the hospital expenses; and (e) was collected from the victim’s face; and (e) was fluened by acting with the finger, doing so.

2. From among approximately seven persons, such as hospital staff, patients, and their guardians, etc. at the time and place indicated in the above paragraph (1), the Defendant publicly insultd the victim D by putting the victim at a large interest of “chlob flob chlob flob chlob”.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of investigation reports (related to the verification of CCTV images in a C hospital)-related statutes;

1. Relevant laws concerning facts constituting an offense, Article 260 (1) of the Criminal Act that prescribes the punishment (the point of violence and the choice of fines), and Article 311 of the Criminal Act (the point of insult and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the maximum amount of both crimes is aggregated with the punishment prescribed for a heavier assault, but to the extent that the maximum amount of the above crimes is aggregated);

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

1. Article 334(1) of the Criminal Procedure Act recognizes the defendant's mistake in sentencing.

However, the place of the instant crime is a hospital, which may interfere with the treatment of other patients or interfere with the medical practice of medical professionals.

In addition, it was thought that the damage recovery, violence and insult degree, the defendant's age, character and conduct, environment, motive for committing a crime, and the hospital's side did not properly treat the child, but the defendant did not receive a proper explanation in the course of receiving hospital expenses.

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