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(영문) 춘천지방법원 2018.08.16 2018고단295
의료법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 25, 2017, the Defendant was sentenced to a suspended sentence of four months of imprisonment with prison labor for the crime of assault at the Chuncheon District Court on May 12, 2018, which became final and conclusive on May 12, 2018.

No person shall assault or threaten any medical person who provides medical treatment at a place where such medical treatment is performed, or any person who receives medical treatment.

Nevertheless, at around 04:50 on March 12, 2018, the Defendant threatened nurses within the "C Hospital Emergency Service Center", without any particular reason, within the "C Hospital Emergency Service Center", and was informed of the time expenses from the victims D(31) of the emergency department in the above hospital emergency room, and the Defendant was informed of the victim's "at the time of the delivery of the knife of the knife, the knife of the knife, and the knife of the knife.

We have threatened the medical personnel in charge of treating emergency patients by making words and actions that seem to inflict any harm on the victim, such as "at least a proper thickness of death".

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D and E;

1. 112 reported handling marks, emergency nursing services;

1. Previous convictions in judgment: Application of final and conclusive data of judgment, each of the court rulings (Sapcheon District Court 2017No726, Chuncheon District Court 2017No 557, Chuncheon District Court 557);

1. Relevant Article of the Act and Articles 87 (1) 2 and 12 (3) of the Medical Service Act concerning facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act appears to have taken an attitude that the defendant recognized his/her own crime, and appears to have committed the crime, the attitude of the crime is not significant, and the fact that it is ex post concurrent crimes are favorable to the defendant.

However, since 2015, the Defendant committed similar crimes more than four times such as assault, damage of property, interference with business, insult, etc. is disadvantageous to the Defendant.

In addition, the sentencing shown in the arguments of this case, such as the defendant's age, sex, environment, motive and background of the crime, results of the crime, and circumstances after the crime.

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