A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

피고인은 2019. 3. 1. 16:39경 원주시 B에 있는 C병원 응급실에서 술에 취해 별다른 이유 없이 간호사인 피해자 D(28세)가 피고인의 건강 상태를 확인하고자 피고인의 점퍼 상의를 벗기고 혈압 측정을 하려고 하자 피해자에게 “씨팔, 너는 밖에서 만났으면 죽었다!”라고 말하며 피해자의 좌측 후두부와 안면 부위를 오른발로 수 회 걷어찼다.

Accordingly, the defendant assaulted the victim who is an emergency medical personnel and interfered with the medical treatment of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D;

1. Report on the occurrence of the case;

1. Application of Acts and subordinate statutes to report internal accidents (to attach and analyze CCTV images of the emergency department of a C hospital);

1. Article 60 (2) 1 and Article 12 of the Emergency Medical Service Act concerning criminal facts and the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Probation Criminal Act: there are many records that the defendant was punished for violent crimes.

The victim was unable to receive a letter from the victim.

A favorable condition: The defendant suffers from mental illness such as alcohol addiction, and is currently under medical treatment.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as ordered.