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(영문) 인천지방법원 2017.02.15 2016고단8791

업무방해

Text

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

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

Reasons

Punishment of the crime

[Criminal Records] The defendant was sentenced to six months of imprisonment with labor for a crime of obstructing the performance of official duties in the Incheon District Court's Branch on February 11, 2015 and under the same year.

8. 11. In the Incheon detention center, the force of punishment for violent crimes, including the termination of the enforcement of the sentence, is 26 times.

[Criminal facts] On December 13, 2016, at the office of the office of the director of the C hospital located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Seoul, the Defendant received emergency treatment at the emergency department of the above hospital and received a large amount of medical expenses, and “38,700 won for the treatment of this disease will be the speech.”

“Along with a large sound, the person was able to erode the disturbance, and expressed to D, who is an employee of the place, the person obstructed the hospital’s business by force, such as taking the place of the drug flag into force, and cutting the flag.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. CCTV analysis photographs and video images;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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

1. Selection of a fine to choose a sentence (the punishment for a repeated crime is committed during the period of repeated crime, but consideration shall be given, such as the fact that the defendant has taken care of the crime, paid all medical expenses, and agreed that the criminal defendant has reached an agreement, etc.);

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;