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(영문) 서울북부지방법원 2016.06.24 2015고정1755

업무방해등

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

. 2015 fixed 1755

1. On April 26, 2015, around 21:40, the Defendant: (a) requested receipts, medical records, and nursing records of the details received past medical treatment at D Hospital’s home department located in Gangnam-gu Seoul Metropolitan Government; (b) obstructed the hospital work of the victim E (26) who is the head of the above hospital and the employee of the said hospital, by demanding an emergency room to block the front of the original department and the camera at least two hours; and (c) obstructed the emergency room’s physician by “drawing why it would be delayed,” such as whether the letter of distortion is late, and avoiding disturbance.

. 2015 fixed 2181

2. On May 18, 2015, the Defendant, at D Hospital located in Gangnam-gu Seoul Metropolitan Government, on the ground that the hospital did not prescribe a medical certificate at the hospital after receiving the medical examination and treatment, was in an emergency room. On the other hand, the Defendant inflicted an injury on the “on the front side of the front side of the front side” requiring approximately two weeks of medical treatment on the part of the victim, who is the prime officer and employee of the hospital.

Summary of Evidence

No. 1 of the holding

1. Legal statement of witness E;

1. Statement of D police statement to E;

1. E statements;

1. The fact of Article 2-2 of the Decision on the mobile phone CD in which the victim recorded, and on-site CCTV images;

1. Legal statement of witness F;

1. Statement made to the F by D police;

1. Each statement of the F;

1. Investigation report (influoral diagnosis reports and CCTV images);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 314(1) of the Criminal Act (the point of interference with business) and Article 257(1) of the Criminal Act (the point of interference with business) and the selection of fines for the crime in question;

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;