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(영문) 서울동부지방법원 2016.10.11 2016고정1203

업무방해

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

At around 11:18 on April 16, 2016, the Defendant: (a) committed a disturbance for about 30 minutes by avoiding normal medical treatment; (b) obstructed the victim’s business by force by causing other patients to go from the said clinic, thereby interfering with the victim’s original business affairs by force. The Defendant: (c) committed a disturbance for 30 minutes; (d) “E, operated by the victim D (here 28 years of age) in Gangdong-gu Seoul Metropolitan Government, with many medical expenses for his or her his or her dependants.”

Summary of Evidence

1. Application of each police protocol to D and F

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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