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(영문) 서울서부지방법원 2015.05.13 2014고단3067
업무방해
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On September 12, 2014, at around 16:41, the Defendant obstructed the legitimate treatment of the victim by force, such as forcing the victim to have a defect in the framework manufactured by the victim E, operated by the victim D, in Eunpyeong-gu Seoul Metropolitan Government, to visit the patient waiting room and the treatment room, and to “I will turn the patient waiting room and the treatment room every day up to the time when the full refund has been avoided,” and to “I will get the patient who was receiving the treatment by getting the patient suffering from the disturbance to get the patient suffering from the disturbance, and thereby interfere with the legitimate treatment of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. The police statement concerning F;

1. Medical records and text messages of the defendant;

1. Determination on the assertion by the Defendant of CCTV video files (hereinafter referred to as CD 1, 2) and voice files CDs

1. The defendant asserts that there was no interference with business.

Therefore, according to the ambath, the video and voice CD in the ruling, the sound as shown in the decision of the defendant, and the fact that the disturbance is sufficiently recognized.

Therefore, the defendant's above assertion is not accepted.

2. The Defendant also asserts to the effect that, at the time, there was no interference with the business since there was no other customer than a female guest.

Therefore, in the establishment of the crime of interference with business, the result of interference with business is not required to actually occur, but it is sufficient to cause the risk of interference with business, and the ‘influence' includes not only interference with the execution of business itself, but also interference with the management of business widely.

(3) In light of the above legal principles and records, the defendant's act of causing harm to the general hospital business of the victim is deemed to be an act of causing harm to the general hospital business of the victim. In light of the above legal principles, the defendant's act of causing harm to the general hospital business of the victim is deemed to be an act of causing harm to the general hospital business of the victim, and the defendant's act of causing harm to the general hospital business of the victim.

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