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(영문) 수원지방법원 평택지원 2015.06.26 2015고단436
업무방해등
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. On February 2, 2015, the Defendant interfered with the business of the victim by force preventing the victim G, who is a doctor to avoid a disturbance between about 30 minutes, from treating an emergency patient, on the ground that the medical doctor and the nurse are not promptly treated in the E Hospital emergency room located in Pyeongtaek-si D, and that the nurse are not promptly treated in F, the Defendant was unable to perform his/her duties by force.

2. When the Defendant was removed from the emergency room by employees who had been located there at the time and place under Paragraph 1, the Defendant destroyed the property by leaving the room out of the emergency room. The Defendant destroyed the blood pressure gauge equivalent to KRW 150,000 in the market value of the victim E hospital owned by the victim E hospital by putting him/her out of his/her hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G and H;

1. Application of Acts and subordinate statutes governing site damage photographs;

1. Article 314 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each alternative fine for punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the fact that there is a history of criminal punishment against the defendant several times for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, and in particular, the defendant was sentenced to a suspended sentence of two years on October 10, 2013 due to a violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violence, etc. Act, a collective deadly weapon, etc.) at the Suwon District Court Pyeongtaek District Court on the site of the defendant, and the defendant committed the instant crime during the suspended sentence of six months, and the nature of the crime is not good in light of the content of the crime

However, the Defendant did not repeat again recognizing the facts charged in the instant case; the Defendant’s agreement was reached smoothly with the victim; and the Defendant’s first aid for those who had poor physical size and emergency room was delayed, resulting in the instant crime.

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