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(영문) 인천지방법원 2018.11.16 2018노1669
업무방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. Reasons for appeal;

A. In fact, although the wife, who was economically influent and economically weak, took medicines prepared at a oriental medical clinic, and took them out to the emergency room, the victim was found to have failed to take responsibility for the helper, and the victim did not force the nurse to take the Defendant’s actions and make it difficult for the nurse to make compensation for damage to the wife. The victim did not interfere with the victim’s duties by force by force by force, on the ground that the nurse cannot take all of the Defendant’s actions and make it difficult for the nurse to control the wife’s actions.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 1.5 million) is too unreasonable.

2. Determination:

A. According to the evidence duly adopted and examined by the court below in light of the circumstances as stated in the judgment of the court below as to mistake of facts, the court below is just in finding the fact that the defendant interfered with the victim's business until the time when the police officer called the victim's speech that the defendant would report to the police by failing to comply with the request for withdrawal by demanding compensation for damages from the victim's oriental medical council members, referring to the victim's desire to engage in a demonstration that is non-compliance with the victim's response, and the victim's speech that the police officer would report to the police. Therefore, the defendant's assertion of mistake is without merit

B. Although the means and methods of the instant crime are inadequate by the Defendant’s wife to receive damages by unfairly pressureing the victim or impeding business rather than receiving damages through due process, the Defendant committed the instant crime once in order to recover damages due to the Defendant’s wife’s occurrence of a wide range of severe damage from his body immediately after taking herb drugs according to the victim’s prescription, and it is relatively difficult for the Defendant to accurately prove the victim’s medical malpractice as the Defendant or wife.

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