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(영문) 창원지방법원 2014.05.02 2014고정285

업무방해

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From December 22, 2010, the Defendant was receiving medical treatment at C Hospital operated by the Victim B.

1. The Defendant, from around 09:50 on October 25, 2013 to around 10:05, the Defendant interfered with the victim’s hospital business by force, with the purport that “the president, in the above C Hospital D located in Jindo-gu, Changwon-si, extracted it and did not harm treatment, and purchased a criminal complaint and forged a document.”

2. The Defendant, around 10:00 on October 28, 2013, was unable to visit the same place as Paragraph 1 and treat the victim. In doing so, the Defendant silented the victim’s demand, and talked about the same content as Paragraph 1 on the spot where patients and hospital employees are located, and obstructed the hospital business of the victim by force.

3. On October 30, 2013, the Defendant visited the same place as paragraph (1) from around 09:50 to October 20, 2013 and obstructed the hospital business of the victim by force in the manner prescribed in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A complaint and a written statement;

112 Application of the 112 Report, the details of the withdrawal, and the statutes governing a copy of the work place;

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

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

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

4. Article 334 (1) of the Criminal Procedure Act.