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(영문) 대구지방법원 2015.07.24 2014노3112
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not interfere with the operation of the hospital by the victim as stated in each of the facts charged in this case, the court below found the Defendant guilty of each of the facts charged in this case, erroneous determination of facts and misapprehension of legal principles.

B. The Defendant, at the time of each of the crimes in this case, has committed an error of law by misunderstanding the legal principles as to mental and physical disorder in the judgment of the court below which did not reduce the punishment or not guilty, even though the Defendant was in a state of mental and physical disorder or mental disability due to her finger

2. Determination

A. The following circumstances acknowledged by evidence duly adopted and investigated in the court below's judgment on the assertion of mistake of facts and misapprehension of legal principles: ① the victim C has consistently made statements that correspond to each of the facts in the instant case at investigation agencies and the court below's court; ② the defendant refused to issue a medical certificate at his/her own request; ② interview with the victim during a long time in the examination room; ③ the fact that the voice to talk with the victim was recognized (in the investigation record 39 pages); ③ G employees of the insurance company who was accompanied to the hospital of the defendant and the victim was present at the court of the court of the court below as a witness; ③ the defendant had a high appraisal during the conversation with the victim; and the defendant had resisted the victim and nurse at the above hospital for about 1 hour and 30 minutes; ② the defendant has been present at the court of the court of the court below to the extent that he/she had been repeatedly reported by the victim, and ④ the defendant has been present at the victim's clinic for about 130 minutes, and the defendant has been present at the victim's room and repeatedly accepted the victim's.

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