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(영문) 부산지방법원 2018.11.30 2018고정427

업무방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 3, 2017, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on February 3, 2017, and was finally decided on April 27, 2017.

1. On May 24, 2016, around 17:10, the Defendant: (a) requested hospitalization to the vertebane center of the first floor of the C Hospital located in Busan District, Busan District; (b) however, the Defendant, who was in charge of this treatment, called “no opinion of hospitalization exists”; and (c) left the care room room as both hands, on the ground that the treatment room does not require hospitalization; and (d) on the ground that the treatment room does not require hospitalization after this treatment, the doctor in charge, who was in charge, was in charge.” (a) and (b) “Is the doctor, the patient would have been unsatisfy to be hospitalized,” and (c) continue to be “Isatisfy”.

A nurse E (34 years of age, women) who refrains from doing so would interfere with the victim's treatment and nursing services by force, such as avoiding disturbance, while taking a bath at the large voice of "I am in the same year, I am in the same year," thereby obstructing the victim's treatment and nursing services for the victim.

2. On May 24, 2016, around 17:30 on the grounds of the foregoing 1.1., the Defendant listened to the Defendant’s desire to take care of, and found it as the spine center’s clinic, and moved to the first floor parking lot of the above C Hospital F (41 tax, South) to the said C Hospital’s first floor parking lot. In addition, the Defendant interfered with the victim’s duties, such as patient management, etc., by force, such as: (a) the Defendant intending to take care of the Defendant on the ground of the foregoing 1.

Summary of Evidence

1. Statement made by the police with regard to F;

1. E statements;

1. Previous records: Application of Acts and subordinate statutes to inquire of each judgment and summary information of cases;

1. Relevant Article 314 of the Criminal Act and Article 314 (1) of the Criminal Act and the selection of fines for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

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;