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(영문) 서울북부지방법원 2015.02.16 2014고단4544

업무방해등

Text

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

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

Reasons

Punishment of the crime

1. On December 2, 2014, from around 00:15 to 01:00, the Defendant: (a) expressed the victim’s desire to undergo emergency treatment in front of the C Hospital emergency room located in Dongdaemun-gu Seoul, Dongdaemun-gu; (b) on the ground that the victim D, who is a security personnel, solicits the Defendant to undergo emergency treatment at another hospital, and thereby, obstructed the management of the victim’s hospital by avoiding disturbance.

2. On December 2, 2014, the Defendant interfered with the performance of official duties: (a) at the same place as Paragraph (1) on December 2, 2014; and (b) at the same time, at the same time as Paragraph (1) of the same Article, the Defendant solicited F, a police officer belonging to the Dongdaemun-gu Police Station E box called up after receiving a report of 112 that the patient was traveling along, to return home, and obstructed the police officer’s legitimate performance of duties concerning the prevention and suppression of the police officer’s crime, by keeping the police officer out of front of the patrol vehicle on which the police

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol to D and F

1. Articles 136(1) and 314(1) of the Criminal Act and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. A crime that interferes with the duties of an emergency room of a hospital with the reason for sentencing under Article 334(1) of the Criminal Procedure Act, and is a crime of violence against a police official who restrains such order, and the defendant was sentenced to a fine of three million won due to damage to public goods, insult, or assault on April 2, 2014, and committed each of the instant crimes similar to the instant crimes again. However, even though the defendant again committed the instant crimes, there was an agreement with the victim D, a certain amount of money was deposited for the victim police officers, the degree of interference with duties and obstruction of performance of official duties is relatively minor, and the degree of assault and assault, which are the means of obstruction of performance of official duties and obstruction of performance of official duties, are relatively minor, and the defendant's age, age, occupation, and circumstances after the crime, etc. are considered.