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(영문) 서울남부지방법원 2016.07.06 2016고정905

업무방해등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On January 20, 2016, the Defendant: (a) around 23:10 on January 20, 2016, 119 first-aid vehicles were transferred to the emergency room of the victim C hospital located in Guro-gu Seoul Metropolitan Government.

In the above emergency room, the Defendant Do et al. al., the security personnel of the above emergency room, who aided himself, was able to do so. The Defendant did not pay the medical expenses at around 02:00 on the following day, and did not pay the hospital expenses to the hospital staff, thereby making the patients in the vicinity of the above emergency room, who did not receive a stable medical treatment.

Accordingly, the Defendant interfered with the operation and treatment of the emergency room of the victimized person by force.

2. On January 20, 2016, at the emergency room listed in paragraph 1, around 23:10 on January 20, 2016, the Defendant insultingd the victim D, who had attempted to receive his/her treatment among the prime officer and employees and patients, “F, a two-year bit day, a bitch bitch bitch bitch bitch.” On January 21, 2016, at the same place, the Defendant expressed flusium at the victim F, a police official belonging to the police unit of the Seoul Police Station E District, Seoul, which was called upon receiving 112 reports among the prime officer and employees and patients. The Defendant was punished by imprisonment.

Chewing flachisium . "Chorily expressed a great desire."

Accordingly, the Defendant insultd the victims each by openly.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made to D or F;

1. Application of Acts and subordinate statutes to a report on dispatch to a scene of violence, or a report on investigation (influence of a police officer);

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 311 of the Criminal Act (the point of insult), and the selection of fines, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;