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(영문) 서울서부지방법원 2018.05.01 2017고정1006
업무방해
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

around August 20, 2016, the Defendant suffered from physical therapy (hym therapy) from D Council members (the president E; hereinafter “instant hospital”) from F of the physical therapy private person F in the process of treatment while receiving physical therapy (hym therapy) from the Defendant around August 20, 2016.

On September 24, 2016, around 10:30 on September 24, 2016, the instant hospital demanded again to provide treatment, but the F was unable to provide treatment, which led to the threat of force that 2-3 patients, who were waiting for the instant hospital, were at the hospital room and the hospital room and the hospital room, were at least 30 minutes of a disturbance, left the hospital, and she returned to the hospital, such as E and F.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Legal statement of witness F;

1. Recording of G statements in the fourth public trial records;

1. Report on occurrence ( interference with business), investigation report (suspect F and A data submitted and requests for appraisal) and investigation report (related to the analysis of suspect A medical table);

1. Application of Acts and subordinate statutes to CDs (the voice data submitted by the D Council members);

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion was somewhat high since the defendant made a legitimate claim with the result of treatment, but exercised the power as prescribed by the crime of interference with business on the part of the defendant.

shall not be deemed to exist.

2. The term “power” in the crime of interference with the judgment’s duties refers to any force that may cause confusion with the free will of a person. The term “power” refers to any force that may cause confusion with the free will of a person, regardless of whether it is tangible or intangible, and includes not only the intimidation, but also the pressure by social, economic, political status and royalty, etc., and in reality the victim’s free will is not required, but also the offender’s status, number of persons, surrounding circumstances, etc.

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