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(영문) 창원지방법원 2016.01.14 2015노1513
업무방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding E erred in performing soft’s hard disc and so on, and caused not only to completely recover from the above symptoms, but also to sloping legs, sprinks, etc., and E found the Defendant’s right-hand typology with the result of MRI shooting, leaving the Defendant unattended without any measures in breach of his duty of care in the course of performing his duties, thereby making the Defendant set the appropriate treatment period and cut off the spact from the spatry to the spatry. Therefore, the Defendant posted false information.

It is not possible to do so, and it does not interfere with E's business since it was not done at the entrance or entrance of the hospital.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case was erroneous.

B. Even if the charge of sentencing is found guilty, the lower court’s sentencing (amounting to KRW 3 million) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Recognizing the facts 1) On April 16, 2010, the Defendant complained of the symptoms on the 'D hospital' and on both sides of the 'D hospital' that the victimized person treated, and hospitalized the Defendant. The Defendant was unable to walk, and was in the first-aid lane.

On the 19th day of the same month, the victim taken a photograph of MRI against the defendant, diagnosed the defendant with 3/4 times in the 3/4th century, verteculosis 4/5 in the verteculty, and the pulp escape certificate, and implemented the frimatic pressure, dynamic fixed, and disc removal on the 19th day of the same month, and the defendant discharged on May 3, 2010.

After the surgery, the Defendant was able to walk, and two months after the surgery in an investigative agency, and the bridge is hin.

(f) a statement.

2) From May 7, 2010 to September 8, 2010, the Defendant received outpatients from the above hospital. Around September 8, 2010, the Defendant complained of the pains, and the Defendant taken RoI photographs, and the victim did not have any special difference with the previous inspection.

3) On October 4, 2010, the Defendant cement cement by two male persons on the same day.

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