Violently assaulted a nurse at the KPF, confessed - and was acquitted | Israel Hayom

A 72-year-old man, a resident of the center, admitted that he attacked a nurse at a health fund with a punch and a push, but Tel Aviv Magistrate's Court Judge Eitan Kornhauser acquitted him and stated that it was trivial.

An indictment was filed against the accused alleging the offense of assaulting a public servant, after according to the facts of the indictment the accused arrived with his mother to receive treatment at a health fund.

He yelled at a nurse there and complained about the treatment of his mother.

Later, the nurse turned to the accused to help him, and in response the accused attacked her and hit her elbow with his fist.

The complainant asked the accused to explain his actions, and in response the accused attacked her once more and pushed her with his right hand against a wall.

"Humiliation of the nurse"

The accused confessed to the assault, but claimed through a lawyer that he had a minor defense. In relation to the act, the lawyer claimed that it was a light blow on the hand and a push afterwards, and regarding the circumstances of the offense he claimed that the accused came to the hospital with his mother, and felt that the nurses were not ready treat her because of feeling disgusted with her.

Examining the results of the act shows that no physical damage was caused to the nurse and there is no evidence of other damages caused.

On the other hand, the prosecution claimed that this is a crime of violence that is not trivial, especially when it comes to two incidents of assault.

As for the results of the act, the prosecution referred to the nurse's testimony that she held her hand because of the pain and added that attacking a public servant during the performance of his duties involves personal humiliation, and that in this case there is a real and distinct public interest since it is a crime of violence against a female worker performing a public function, and also considering the repeated behavior of the accused.

"spontaneous response"

The judge noted that the acts to which the defendant confessed establish the elements of the offense of assaulting a public servant, however, as the defense claimed, this case is covered under the defense of trifles.

"This is a spontaneous reaction of an elderly defendant, who takes care of his elderly mother and came with her to receive treatment at a health insurance fund. The defendant was mistaken in thinking that the nurse was refusing to treat his mother and felt that this was due to discouragement from her," the judge wrote and added: "This is a defendant without any criminal record, which is highly doubtful If his conviction at this stage, in the special circumstances of the case, would serve any public interest."

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