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(영문) 의정부지방법원 2016.06.29 2016고정454
업무방해등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. On June 2, 2015, at around 12:40, the injured Defendant: (a) reported a dispute between the Defendant and the head of the childbed and E, the head of the childbed, on the ground that the Defendant was dissatisfied with the result of medical treatment in the “Dsan-si’s protection” of the fifth floor of the C building in the Namyang-si, Seoul, on the ground that the Defendant was dissatisfied with the result of medical treatment; (b) the victim F (44 years old, South) who used the mobile phone was drinking; and (c) the victim was faced with the parts of the side gate in the machinery while the victim was pushed back to the hospital’s mechanical bridge, and the victim was faced with the parts of the side gate in the machinery.

As a result, the Defendant inflicted an injury on the victim, such as a scarcity of a scarke wall, which requires treatment between 21 days of complete custody.

2. The Defendant interfered with the work, at the above date, at the above time and place, interfered with the Defendant’s non-performance of work with a woman in childbed, such as provoking him for the foregoing reason, and avoiding the disturbance.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Each police statement made to F and G;

1. A written diagnosis of injury;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 314(1) of the Criminal Act (the point of interference with business), and the selection of fines for the crime;

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. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act was agreed upon with the victim, and the circumstances leading to the instant case were taken into account.

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