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(영문) 서울동부지방법원 2017.02.08 2016고정1256

업무방해

Text

The defendant shall be innocent.

Reasons

1. Criminal facts, around 10:30 on May 6, 2016, the Defendant: (a) provided dental treatment for the patient F (56 years old); (b) provided the Defendant with dental treatment for the patient F (56 years old); (c) provided the Defendant with X-ray photographing and scopic removal to the Defendant’s nurse (33 years old) without clearly explaining the results of the dental examination of G; and (d) provided the Defendant with an explanation to the Defendant as a public health clinic “I cannot do so with a doctor, and I cannot do so with one minute; and (c) provided the Defendant with an explanation to the Defendant as a basic public health clinic that “I would not have any contact with the Defendant, who is a public health clinic for the treatment of the patient” and “I would not have any further known the Defendant as a public health clinic-related public health clinic-related public holiday.”

Around 20 minutes of the disturbance, such as the so-called “hurry”, which interfered with the victim’s dental treatment by force by preventing patients F from receiving medical treatment.

2. The term “power of force”, which is a part of the elements for the constituent elements of the crime of interference with business under Article 314 of the Criminal Act, means a force sufficient to suppress the victim’s free will in light of the offender’s status, number of people, surrounding circumstances, etc., and means a force sufficient to suppress the victim’s free will, and is “power of force” in the crime of interference with business to the extent that the victim simply takes a bath or takes a large sound and sound action.

참조조문