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(영문) 광주지방법원 2018.05.30 2018고단1350
업무방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. The Defendant: (a) from around 10:00 on March 27, 2018 to around 10:30 on the same day, from around 10:30 on the same day, on the ground that the victim C’s “a hospital” in Gwangju Mine-gu’s mine area and the Plaintiff did not pay compensation upon the occurrence of a merger certificate due to an operation; and (b) on the ground that the Defendant and the victim did not pay the compensation to the victim for the occurrence of the loss caused by the operation, the Defendant created this hand to the victim, who did not have any relationship with the victim’s name and the victim.

In order to prevent customers from entering the hospital by putting their desire, such as “scaming down,” and putting their scam, and preventing them from entering the hospital, the victim’s hospital administrative affairs were obstructed by force.

2. On the same day from 15:30 to 15:40 of the day mentioned in the preceding paragraph, the Defendant, while drinking in the same manner as mentioned in the preceding paragraph, obstructed the victim’s hospital administrative affairs by force by having the victim and his name influencing patients with the victim under the preceding paragraph, such as “as the victim and his name influencing fingers by asking their fingers in a baby, so it is possible to make the knicks by making the knick, so this hospital’s knicks,” and by preventing them from entering the hospital by having the customers entering the hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the C’s respective Acts and subordinate statutes;

1. Article 314 of the Criminal Act and Article 314 (1) of the same Act and the selection of fines for criminal facts;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - favorable circumstances: The Defendant recognized his/her mistake, and the Defendant suffered an injury that is not found in the medical malpractice of the victimized hospital.

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