beta
(영문) 서울중앙지방법원 2016.06.29 2015고정4399

업무방해

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

From March 31, 2015 to May 26, 2015, the Defendant hospitalized in the Yongsan-gu Seoul University Hospital of 59 Korean Ambassador, Yongsan-gu Seoul, Yongsan-gu, Seoul, with Mancheon-ro, and from May 26, 2015 to August 13, 2015, the Defendant was hospitalized in the D Hospital located in Gyeonggi-gu, Gyeonggi-do, Gyeonggi-do, Seoul, with brain aftermathosis.

The defendant, on June 22, 2015, on the ground that the victim E does not pay his/her money to himself/herself, was a general restaurant where "G in the operation of the victim located in Gangnam-gu Seoul Metropolitan Government F means "G" from the above D hospital 112 and "G in the operation of the victim located in Gangnam-gu." The defendant directly engaged in the illegal business.

“The purpose was to make a false report.”

However, in fact, the Defendant was hospitalized at the above D Hospital at the time of the above report, and the Defendant could not directly witness the illegal business of the said G G business establishment. ② Upon receiving the above report, the police officer sent the said G business establishment to the site and suspended the operation of the main place and demanded the police officer to verify the inside of the said business establishment, but the Defendant did not actually engage in the illegal business.

Accordingly, the defendant interfered with the main operation of the victim by fraudulent means.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness E and H;

1. A complaint;

1. Characters sent between the complainant and the suspect, and output of the received contents;

1. Medical certificate, certificate of discharge from a entrance, and certificate of hospitalization;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Article 314(1) and Article 313 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the selection of fines;

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;

1. Article 186 (1) of the Criminal Procedure Act bearing Costs of Trial;