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(영문) 대전지방법원 2016.03.23 2015고정1554
업무방해
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who was receiving medical treatment from a hospital in the day-to-day cleaning department C from November 2014 to urology.

A. On August 11, 2015, the Defendant: (a) from around 9:05 to the same 9:30 on August 11, 2015, the Defendant was unable to receive the medical care room of the victim E of the Daejeon Jung-gu Daejeon-gu Daejeon-gu, Daejeon-gu, without receiving the medical care room from the hospital; and (b) was prescribed by the hospital, and thus, there was a alphical disease.

At the same time, it interfered with the legitimate hospital business of the victim by exercising power by making it impossible to see the victim's medical treatment by exercising power by making it impossible for the victim to see the victim's legitimate hospital business by making it impossible for him/her to receive a report, such as "I Ra, Do, compensation for damages, Ra, and Hara", which was called the F District Police Officer G, who is a police officer of the F District Police, despite the removal of Ha, and Haman H.

B. From August 11, 2015 to around the same 10:15, the Defendant: (a) exercised force on the part of the victim’s hospital’s hospital’s care room located in Daejeon Jung-gu and the victim E in Daejeon-gu on the grounds of the foregoing paragraph (a) and (b) on the ground that the victim, who was the head of the hospital, was suffering from suffering from the side effects of eating drugs prescribed by this hospital by the hospital, and became aware of the disease caused by the disease; and (c) on the ground that the victim, who was the head of the hospital, was discharged from the hospital, he/she interfered with the victim’s hospital’s hospital’s business by force by avoiding the disturbance of approximately 15 minutes, regardless of whether the Defendant was the F District Police Officer G, who was called for medical negligence, and H’s restraint, who was dispatched after receiving a report.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E and I;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment (Selection of a punishment penalty);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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