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(영문) 인천지방법원 2019.10.18 2019고정755
업무방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

At around 17:50 on December 27, 2018, the Defendant obstructed the operation of the hospital by force of the victim by avoiding the disturbance of approximately 20 minutes of the disturbance of the victim C (the age of 33) at the 3rd administrative research Dong of the D Hospital working in Bupyeong-gu Incheon Metropolitan City (the age of 17:50) and preventing the victim from suffering the disturbance of the disturbance of the 3rd administrative research Dong of the D Hospital, and thereby obstructing the operation of the hospital by force of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. Investigation report (on-site appointment, etc.);

1. The term “comforcing force” of the CD (20) refers to the force sufficient to suppress the victim’s free will in light of the time and place of the crime, motive, purpose, number of persons, form of force, type of work, status of the victim, etc. The term “comforcing force” of the crime of interference with business is not charged with all the forces capable of suppressing the free will of human beings. As such, violence threats as well as pressure by social and political status and royalty. Although it is not required to control the victim’s free will in reality, it refers to the force sufficient to suppress the victim’s free will in light of the offender’s status, number of persons, surrounding circumstances, etc. In addition, the determination of whether the crime constitutes force ought to be made objectively by taking into account all the circumstances, such as the time and place of the crime, motive, purpose, number of persons committing the crime, type of work, and status of the victim (see Supreme Court Decision 2009Do5732, Sept. 10, 209).

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