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(영문) 수원지방법원 안양지원 2018.01.12 2017고정524
업무방해
Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On February 16, 2017, the Defendant: (a) made a telephone conversation with a large voice from inside and outside of the medical atmosphere in Ansan-si, the Defendant was requested on February 16, 2017 to set the voice from the victim D by the nursing private person; and (b) C, “I am in theme of the C, year, and nursing center.”

“Absing and passing through the care of the victim” has obstructed the victim’s guidance and nursing services by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (investigation of recording files submitted by the victim);

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

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

1. The Defendant asserts to the effect that, at the time of committing the instant crime, the physical and mental weakness of Article 334(1) of the Criminal Procedure Act was in a state of mental weakness due to mental disorder such as polar disorder at the time of committing the instant crime.

According to the records, the fact that the defendant suffers from stimulative disorder, etc. can be recognized, but considering all the circumstances such as the background of the crime, details and mode of the crime, and the defendant's behavior before and after the crime, the defendant was in a state of lacking ability to discern things or make decisions due to stimulative disorder at the time of the crime of this case.

It does not seem that it does not appear.

Therefore, the above argument is not accepted.

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