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(영문) 서울동부지방법원 2017.05.19 2016고정1499

업무방해

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation.

The Defendant had been receiving medical treatment from the department inside the hospital located in Songpa-gu Seoul Metropolitan Government for about five years due to the net disease, but did not conduct accurate diagnosis by a private person E (the remaining 54 years old) in charge and did not stop surgery, and did not find the victim to resist this.

On August 4, 2016, from around 13:45 to 13:58 of the same day, the Defendant stated the above reasons in the new hospital’s second floor and the front corridor of the treatment room, and stated that the Defendant “Isson’s will” to the victim.

“E and the death of the victim” shall be discarded from 15:05 on the same day to 15:20 on the same day from 15:05 to 15:20 on the same day to the inside and outside of the above inside and outside of the clinic.

“,” ? “Nonson’s intention;

C. S. T. H. T. T. T. H. and “Korea University shall not be changed.”

Duplicating and singinging together for about 30 minutes, such as abusive language and saluting.

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

Summary of Evidence

1. Each legal statement of witness F and G;

1. A written statement of F and G;

1. As a result of the order to submit a report to the D hospital (a voice file CD) [the defendant and his defense counsel asserted that the defendant suffered from the mental illness of cerebralopty at the time of committing the instant crime, and thus, he was in a state of mental and physical loss or mental weakness.

However, according to the records, although the defendant had the ability to receive medical treatment due to the above mental illness, it is not recognized that the mental disease of this case had no or weak ability to discern things at the time of the crime of this case, so the above assertion is rejected.

Application of Statutes

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;