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(영문) 의정부지방법원 2015.06.05 2014노2851

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The point of interference with the duties of the reasons for appeal and insult of the F constitutes a justifiable act by the victim D's legitimate act of refusing dental treatment and expressing the victim F's abusive intent. The insult of G constitutes a justifiable act by committing an act from the next level of resistance against the illegal arrest of G. However, the illegality of the facts charged in the instant case should be avoided. However, the court below erred by misapprehending the legal principles.

2. Determination

A. The summary of the facts charged 1) On February 28, 2014, the Defendant: (a) around 15:00, at the Gyeonggi-gu Mayang-gu Mayang-gu Dayang-gu 2ndro, expressed the victim’s desire to “I would no longer operate the hospital any longer due to the victim’s wrong treatment; (b) would prevent the victim from concentrating the victim’s health care; and (c) eventually interfere with the victim’s business by force; (d) the Defendant expressed the victim’s insult on the date and time as stated in paragraph 1, at the place, and on the grounds that two patients visiting the said D and its site were suspected of interfering with the victim’s duties; (e) on the ground that the victim’s 2ndo-gu 2ndo-gu 2ndo-gu 2ndo-gu 3ndo-gu 2ndo-gu 2ndo-gu 2ndo-gu 2ndo-gu 2ndo-gu 2ndoon.”