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(영문) 서울중앙지방법원 2017.11.10 2017고단4466

업무방해

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. 2017. 5. 29. 자 업무 방해 피고인은 2017. 5. 29. 15:30 경 서울 서초구 C 건물, 3 층에 있는 ‘D 치과 병원 ’에서 간호 사인 피해자 E( 여, 37세 )에게 발치를 요구하였으나, 피해자가 만취상태를 이유로 위 요구를 거절하자, 이에 화가 나 “ 개 썅 년 아, 이를 왜 안 빼주냐.

It was difficult to avoid disturbance for about 10 minutes, such as "satisfying a book with a large volume, and unloading a book by drinking."

At around 15:50 on the same day, the Defendant had avoided disturbance for about 10 minutes, such as: (a) the Defendant, by entering the foregoing hospital again, and having been holding a large amount of 10 minutes, “D new rings, and internal rings.”

The Defendant interfered with the victim’s medical treatment by force as above.

2. On May 31, 2017, the Defendant interfered with one’s duty, at the place described in paragraph 1 of around May 31, 2017, whether “the Defendant reported” to the victim at around 14:00;

Although it was called "d.", the victim rejected it on the ground of the Defendant's inflow condition, it was difficult to avoid disturbance for about 10 minutes, such as taking a bath with a large sound.

On the same day, the Defendant does not leave the hospital again and “I do not leave the hospital until the treatment is given.”

It was difficult to avoid disturbance for about 10 minutes, such as a large amount of damage.

The Defendant interfered with the victim’s medical treatment by force as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigation reports (each telephone survey, the submission of victim's USBs, the confirmation of reproduction, etc.);

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. 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 48 (1) 1 of the Criminal Act to be confiscated;

1. The Defendant’s age, sex, family relationship, family environment, and family environment for the reasons for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) are as follows.