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(영문) 인천지방법원 부천지원 2019.06.04 2019고단1112
업무방해등
Text

The punishment of the accused shall be determined by six months of imprisonment.

Reasons

Punishment of the crime

1. At around 10:30 on March 19, 2019, the Defendant insultd the victim publicly by stating that “A victim D, who is an employee of a hospital to friend friend friend friend friend friend friend friend friend friend friend friend friend friend friend friend friend friend friend friend friend friend friend friend friend friend friend fri

2. On March 19, 2019, at around 11:35, the Defendant interfered with the business of the Defendant: (a) obstructed the victim E, a nurse in charge of the duties, such as the extension of the first floor of the hospital in this Sub-Section; (b) the receipt of medical treatment; and (c) the instruction of the hospital; and (d) expressed his/her opinion to the victim; (b) “Is my father?? Is mother? Is my mother? Is my mother? Is my mother? Is my mother? Is my mother?” and “Is my mother’s mother? Is, Is 30 customers waiting to use the hospital, thereby interfering with the duties of receiving medical treatment, etc. of the victim by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Each statement of E and F;

1. Application of Acts and subordinate statutes to report on investigation (victimd data submitted);

1. Relevant Article 311 of the Criminal Act, Articles 314 (1) and 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment with labor;

1. Of concurrent crimes, the Defendant and the defense counsel under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act asserted that the Defendant’s act is justified as a legitimate act, since the medical professionals and employees of the instant hospital refused to treat the Defendant, and the Defendant refused to return a written request for medical treatment submitted to the instant hospital, thereby making the Defendant commit each act indicated in the facts of crime.

"Acts which do not violate social norms" as stipulated in Article 20 of the Criminal Code refers to acts which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding the act, and any act is social norms.

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