(영문) 의정부지방법원 고양지원 2015.10.16 2015고정54

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 고양지원 2015.10.16 2015고정54

업무방해등

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On April 23, 2014, from around 13:30 to 14:00 of the same day, the Defendant interfered with the business of the victim’s hospital by force, by: (a) having the victim D working for the head of the headquarters at the E hospital where the victim D was working for the head of the headquarters; (b) having expressed a large amount of the victim D’s desire to “Iskn't have been in the head of the headquarters; and (c) having the patient waiting for the medical treatment so as to create unstable for the patient; and (d) having the treatment suspended.

2. On April 25, 2014, around 18:20, the Defendant spited the victim’s face once on the ground that the victim D neglected the Defendant in front of the E hospital as indicated in paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, F and G;

1. A report on occurrence (Interference with business, etc.);

1. The defendant and his/her defense counsel, in relation to paragraph (1) of the facts charged, rejected the charge that he/she intentionally did not spit the victim with respect to Paragraph (2) of the facts charged. However, in full view of the following facts and circumstances acknowledged by the above evidence, the defendant's assertion is not accepted since the facts charged are acknowledged. ① The crime of interference with business does not require the result of interference with business even with business with abstract dangerous crimes, and it is sufficient that there is a risk of interference with business (see Supreme Court Decision 96Do2801, Mar. 11, 1997). ② The defendant was punished as the crime of interference with business due to the rent of the hospital where he/she was on leaseed by himself/herself, and there was conflict with the victim, such as filing a civil lawsuit and dismissing it.

③ On April 23, 2014, the Defendant: (a) found at a hospital where she works for the victim and sought medical treatment from her mother; (b) but did not process her mother; and (c) delayed her mother; and (d) provided the first floor of the hospital.

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