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(영문) 서울북부지방법원 2018.05.31 2017고단5432

업무방해등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[criminal records] On February 16, 2017, the Defendant was sentenced to a suspended sentence of six months for interference with business affairs at the Seoul Eastern District Court on February 24, 2017, and the judgment became final and conclusive on February 24, 2017, and the same type of criminal records, such as a suspended sentence, is at least 13 times.

[2017 Highest 5432] The Defendant, around November 1, 2017, should be hospitalized to the victim G (51 tax) who is an employee of the above hospital, on the ground that he/she was drunk to the “F hospital” emergency room located in Dongdaemun-gu Seoul Metropolitan Government on November 1, 2017 and was sent back to the “F hospital” emergency room in Dongdaemun-gu, Seoul.

Along with the expression of "Chewing ....", the victim's emergency medical assistance service was obstructed by force by avoiding disturbance between about 30 minutes, such as the defendant's own disposal of the body and her own disposal.

[2018 Highest 1685]

1. On January 2, 2018, at around 21:05, the Defendant: (a) sought to hear the statement from the “J hospital” operated by the victim I located in Seoul Dong-gu, Seoul to receive alcohol addiction treatment; (b) the said hospital’s staff to the effect that the said hospital’s employees are not hospitalized at night; (c) the said hospital’s employees continued to have a fire extinguishing machine located in front of the second floor corridor elevator of the said hospital, to the extent that the said hospital’s employees continued to have the fire extinguishing machine in front of the said elevator, and to the extent that the fire extinguishing machine cannot be seen earlier; and (d) the fire extinguishing, table, and floor located outside the hospital was disturbed as a fire extinguishing machine.

Accordingly, the Defendant interfered with the operation of the victim hospital by force.

2. The Defendant damaged property: (a) continuously divided the fire extinguishing machine at the time and place specified in Paragraph (1) and caused the fire extinguishing machine to enter the elevator in which the fire extinguishing machine is located; (b) the elevator stopped the operation after opening his own door, thereby causing KRW 100,000 of the elevator inspection and repair cost.

Accordingly, the defendant damaged the property owned by the victim.

Summary of Evidence

[2017 Highest 5432]

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each statement G and K;

1. Photographss of CCTV images to be cut;