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(영문) 광주지방법원 2016.06.16 2016고단456

업무방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On December 26, 2015, the Defendant: (a) around 09:00, at the D Emergency Hospital of the Victim C (Woo, 37 years of age) working as a nurse in Nam-gu, Nam-gu, Gwangju-si; (b) on the ground that the victim was infinite, the Defendant was able to take a bath for the victim E (32 years of age) who was a doctor who had taken a meeting, for the reason that the victim was infinite, and was able to take a bath for the victim E (32 years of age) who was a doctor who had taken a meeting, and avoided a disturbance for about 20 minutes.

Accordingly, the defendant interfered with the victims' medical treatment by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes written in C;

1. Article 314 of the Criminal Act and Article 314 (1) of the same Act and the selection of fines for criminal facts;

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. In light of the reasoning of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the Defendant was sentenced to imprisonment with prison labor for 10 months at the Gwangju District Court on May 28, 2014 and a two-year suspended sentence, and the said judgment became final and conclusive at around that time, and repeated the instant crime while serving a suspended sentence. In light of the above, the Defendant need to be subject to strict punishment.

However, in light of the fact that the degree of interference with business is not serious, and that the defendant is hospitalized at the D Hospital from April 1, 2016 to May 25, 2016 (based on the date of issuance of a written confirmation of release from entrance) due to changes in alcohol livers accompanied by multiple alcoholic beverages, etc., and that the D Hospital submits an agreement to the effect that the victim is not able to be punished by the defendant in accordance with the purpose of the establishment of the “medical mission through respect for life,” etc. as above, while executing hospitalized treatment, it shall be sentenced to a fine only once, taking into account the fact that the D Hospital provides the defendant with a written consent, etc.