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(영문) 대구지방법원 2014.11.06 2014노1987

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no misunderstanding of facts in the facts charged that the Defendant intended to do so or attempted to do so.

The Defendant went to a hospital to treat illness, and the Defendant was only a little sensitive reaction because his body gets off and slick, and there is no intention to interfere with business.

(Interference with Business) In addition, the Defendant was carrying the police officer’s body with the police box, and the police officer did not intentionally commit the police officer’s act.

(Obstruction of Performance of Official Duties) Nevertheless, the judgment of the court below which found all of the charges of this case guilty is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the trial court and the court below, such as the contents of K’s testimony and the testimony of the witness H of the court below, it is recognized that the defendant interfered with medical care services of medical doctors and nurses within the D hospital emergency room as stated in the facts charged, and that the defendant attempted to remove a police officer or attempted to remove a police officer on one occasion by drinking.

The defendant asserts to the effect that there was no intention to interfere with business, and that there was no intention to interfere with business by a police officer.

However, in light of the following circumstances revealed by the above evidence, the Defendant’s act and behavior at an emergency room, the time when the Defendant was disturbed in the emergency room, the nurse at the hospital did not file a petition, and the security personnel working at the hospital did not appear to have been the Defendant. As such, the Defendant’s intent to interfere with the operation of the police officer is recognized, taking into account the following circumstances: (a) the Defendant’s speech at the emergency room; (b) the Defendant’s speech at the emergency room; and (c) the security personnel told the Defendant; (d)

In addition, the defendant was arrested by the police officer while interfering with the above business.