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A defendant shall be punished by imprisonment for not less than three months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
피고인은 2018. 12. 5. 02:20경 목포시 B에 있는 C병원 응급실에서, 자신을 위 병원으로 후송해온 119구급대원 D에게 “공무원증을 보여줘봐”라고 시비를 걸고 D로부터 공무원증을 건네받자 바닥에 버리고 그 옆에 있던 응급실 간호사인 피해자 E(여, 29세)이 공무원증을 주우려고 하자 발로 피해자의 어깨 및 턱 부위를 1회 차 피해자에게 약 2주간의 치료가 필요한 어깨 및 위팔의 타박상 등의 상해를 가하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to E, D, and F;
1. A written diagnosis of injury;
1. Application of the Act and subordinate statutes to a copy of the instant photograph-related photograph (CCTV image-fashion) and C hospital CCTV CDs
1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;
1. The dismissal of prosecution under Article 62 (1) of the Criminal Act
1. The summary of the facts charged is that the Defendant assaulted E at the same time, at the same time and place as the above facts constituting the crime, and was subject to restraint from the Victim F (the age of 32), who is a security guard of the above hospital, and told the victim that “I will see what you will see? I will see my body within the body,” and assaulted the victim on the victim’s right right right right right right side of the part once every time.
2. Determination
(a) Crimes of non-compliance with an intention: Article 260(3) and (1) of the Criminal Act;
B. On May 16, 2019, after the prosecution of this case, the victim expressed his/her intention not to prosecute the defendant.
C. Judgment dismissing prosecution: The Defendant, on the grounds of sentencing under Article 327 subparag. 6 of the Criminal Procedure Act, 119 first responders, who escorted himself/herself who was injured while under influence of alcohol, was injured by breath, assaulting nurse in an emergency room, and assaulted hospital security guards.
It is the same as the order in consideration of the fact that the defendant repents and reflects his mistake, the fact that the defendant agreed with the nurse and the security personnel, and the fact that there is no same power except the punishment of a fine of 300,000 won in 202.