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(영문) 의정부지방법원 2018.05.10 2018고정566
의료법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant was hospitalized at B Hospital 615

C is the guardian of patient C.

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 11:09 on December 15, 2017, the Defendant assaulted on one hand the part of the victim’s face care room at the right side of another patient’s face, on the ground that the nurse E (27 years old, n, n, n) of the nurse E (27 years old, n, n) of the victim, who was the victim of the six-story of B Hospital D, who was in the Guluri City, was not able to verify whether the victim’s n't have properly sticked, and neglected for three hours.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes to each witness's written statement;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is that the defendant assaulted a nurse who conducts a medical practice in this case.

However, when the defendant was committed the crime of this case in this court, the defendant was committed against himself, the first offender, and other factors such as the details of the crime and the circumstances before and after the crime, the age, sexual conduct, environment, etc., shall be comprehensively considered, and the punishment as set forth in the order shall be determined.

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