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(영문) 부산지방법원 2017.07.10 2017고단1649

업무방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

From around 21:55 to 23:30 on December 20, 2017, the Defendant demanded the victims to provide medical treatment by requiring the victims to provide medical treatment “I am deadly, how I am deadly, I am deadly, I am deadly, I am deadly, I am deadly, I am deadly, I am deadly, I am deadly, and I am am deadly, I am am deadly, I am am deadly, I am am deadly, I am deadly, I am am deadly, I am deadly, I am deadly, I am deadly, I am am deadly, I am deadly, I am deadly, I am am deadly, I am am deadly, I am am deadly, I am am deadly, I am deadly, I am am deadly, I am am dead.”

Accordingly, the defendant interfered with the victims' emergency room treatment by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

2. Selection of an alternative fine for punishment (in light of the fact that the defendant commits another crime in this case during the period of repeated crime due to the same crime, the liability for such crime is not easy.

However, the victims are not punished by the defendant, the degree of interference with the defendant's business is not serious, and the relationship between the defendant and his/her family is clear, etc. shall be selected by a fine.

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

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