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(영문) 서울남부지방법원 2016.08.11 2016고단2188

업무방해

Text

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

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

Reasons

Punishment of the crime

On May 7, 2016, from around 03:30 to 04:06, the Defendant sent to the above emergency room at the “C hospital” emergency room located in Guro-gu Seoul Metropolitan Government, by the 119 first aid unit, and then would be diving without receiving medical treatment.

was made.

Accordingly, the victim D of nursing private nursing at the above hospital stated that “the hospital is not a locked person,” and b-3 patients who were receiving medical treatment at the above hospital were transferred to another hospital room by taking the victim’s knife with knife, and continuing to knife the victim’s knife, E, an employee of the above hospital, and putting the victim’s knife into the floor, and putting the victim’s knife.

Accordingly, the defendant interfered with the victim's emergency room work for about 36 minutes by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes to investigation reports (related to attachment of hospital counter nursing records);

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is very poor in cases where the Defendant committed a crime interfering with the instant business again despite the fact that he/she had been punished for the same criminal record, and that the place where the Defendant interfered with the instant business is an emergency room with a large number of emergency situations.

However, the punishment as ordered shall be determined by comprehensively taking into account the favorable circumstances, such as the accused's confession and reflect, the victim's side and the original agreement, the fact that the accused is trying to find a correct life in the taxi company after completing the execution of the previous imprisonment, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, sex, environment, etc. of the accused.