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(영문) 전주지방법원 남원지원 2014.06.17 2014고정1
업무방해
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

From around 14:00 on September 10, 2013 to 14:50 on the same day, the Defendant interfered with the victim’s hospital treatment business by force by avoiding disturbance, such as taking a bath to the victim who is treating the patient, on the ground that the victim was not able to repay the money borrowed from the Defendant, and that the victim was not able to pay the money.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, D and G;

1. Each police statement made to F, H, D, I, and G;

1. Determination as to the defendant's assertion of investigation report (the attachment of J-Written Evidence, and the attachment of a photograph of inside and outside of Council members E at the case site

1. The summary of the argument is the fact that the defendant found the victim's E members for the collection of claims, but there was no desire or disturbance to obstruct his/her business. Even if there was a fact that he/she avoided family disturbance, this is first done in the process of responding to the victim's desire to do so, so there is no intention to obstruct his/her business.

2. The following circumstances, i.e., (i) the victim and the victim’s wife F from the investigative agency to this court, consistently stated that “the defendant was found in E at least 2 p.m., and the defendant was unable to bring a disturbance while attempting to enter the scene.” (ii) G being treated in E was stating that “the defendant was able to take a bath for the victim, and there were many persons receiving a therapy at the time,” (iii) the E’s physical clinic, “H was working within the time of the instant crime, but the defendant was able to take a bath,” and (iv) the E’s physical clinic statement to the effect that “the victim and the victim’s wife F was able to take a bath at least 30 minutes.”

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