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(영문) 대전지방법원 공주지원 2019.02.15 2018고단511
업무방해등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On January 9, 2019, the Defendant was sentenced to a suspended sentence of two years for a crime of violation of the Road Traffic Act at the Daejeon District Court, which became final and conclusive on January 17, 2019.

【Criminal Facts】

At around 10:40 on June 25, 2018, the Defendant: (a) was under the influence of alcohol at the public parking lot of “C” hospital parking lot, and was under the influence of alcohol, and was under the influence of alcohol by the police officer called up to the hospital’s report.

1. On June 25, 2018, from around 11:27 to around 17:42 of the same day, the Defendant interfered with his/her business: (a) repeatedly abused the victim D, who took telephone at the hospital and works as a nurse for a total of 142 hours from around 11:27 to around 17:42 of the same day, who reported himself/herself to the police, and repeatedly abused the “a hospital to bom off; (b) the family members are dead and discarded”; and (c) the telephone level continued to be sound.

Accordingly, the Defendant interfered with the victim's hospital business by force.

2. Property damage: (a) on June 26, 2018, the Defendant found himself/herself at a hospital that reported him/her to the police, and caused damage to his/her hospital by placing him/her to the hospital that “the president Nana.” (hereinafter referred to as “the president Nana”) and putting him/her on three occasions via an automatic entrance door, thereby indicating that he/she is the frame of automatic entrance and exit of hospital E, the victim E, requires approximately KRW 100,000 won for repair expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (calculated of the amount of damage caused by property damage);

1. Requests for the provision of communications data;

1. On-site photographs;

1. Previouss before and after judgments: Criminal records, replys to criminal records, statement of case agreement, assistant statements, application of statutes of the judgment;

1. Relevant Article 314 (1) of the Criminal Act, Article 314 (1) of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and the selection of fines for crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is damaged.

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