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(영문) 서울북부지방법원 2015.08.21 2015노1020

공무집행방해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts: (1) there is no doubt about the part of the desire to commit the insult of this case as indicated in the judgment of the court below. ② With respect to the crime of interference with business of this case, the Defendant, as a nursing personnel, pointed out the behavior of a hospital that neglected the patient, and did not interfere with the hospital’s duties. ③ In relation to the crime of intimidation of this case, the Defendant did not interfere with the hospital’s duties. (3) In relation to the crime of intimidation of this case, the victim, who repeatedly puts the same writing on the Kakao Stockholm room operated by the Defendant, attempted to repeatedly put the victim into the word that would have to do so, and there was no intention to threaten the victim. (2) The sentence (one hundred months) sentenced by the court below on

B. The Prosecutor’s sentence against the Defendant is too unhued and unreasonable.

2. Determination

A. The court below duly adopted and examined the defendant's assertion of mistake of facts, namely, the following circumstances acknowledged by the evidence duly admitted and examined by the court below, namely, nurses and administrative team leader at the time and stated by the defendant that the patient involved in the hospital was able to take the same bath as the facts constituting the crime in the judgment of the court below, other patients who were in the sick room at the time were in the sick room at the time were expressed by the defendant at a large interest without the defendant's body, even though the patient was unable to take the body in the sick room, and at the first time, the hospital related person was able to have the defendant file a petition, but the defendant continued to have the hospital related person, but the hospital related person was able to report to the police, and the nurse was able to take care of the patient at the time when the defendant was sent to the hospital, and stated that the nurse was unable to take care of the patient at the time when 112 was called to the scene, and that the police officer tried to hear the defendant and the nurse's desire to take the face.