A defendant shall be punished by imprisonment for four 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.

Punishment of the crime

No person shall assault or threaten a medical person, nursing assistant, medical technician, or a person who is engaged in medical practice at a place where medical practice is performed, if any.

그럼에도 피고인은 2018. 7. 22. 15:30 경 전주시 완산구 B에 있는 C 병원 응급실에서 피해 자인 당직의사 D로부터 대상 포진 신경통 후유증 치료를 위해 마약성 진통제 페치딘을 1회 투여 받았으나 진통제 재 투여를 요구하였고, 피해자가 진단서가 필요 하다며 이를 거부하자 피해자에게 “야 이 씨 발 놈 아 아파 죽겠으니까 진통제 빨리 놔줘 씨 발 놈아. ”라고 욕설을 하며 옆에 있던 폴 대를 들어 피해자를 향해 휘두르려 하여 의료행위 중인 피해자를 폭행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A criminal investigation report (in cases of attaching screen pictures to the scene and confirming the photographer), and a report on internal investigation;

1. Application of each statute on photographs;

1. Article 87 (1) 2 and Article 12 (3) of the Medical Service Act and the selection of punishment for a crime;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution ( considered favorable circumstances among the reasons for sentencing as follows) is that the instant case’s medical practice may affect not only the medical personnel but also other patients, such as assaulting the medical personnel at a place where the medical practice is performed, and the content of the relevant crime is serious, and that the damage has not yet been recovered, etc. are disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognized the facts charged in this case and expressed his intention of reflect on the mistake, that the defendant was the first offender, and that there is some room for consideration of the circumstances and motive of the crime as the defendant committed because he did not have any additional medical control because he did not have any medical prescription even though he complained of serious pain due to pain, etc., are favorable to the defendant.

The age, sex, environment, and victim of the defendant.