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(영문) 서울남부지방법원 2018.07.05 2018고단2086
업무방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On April 25, 2018, at around 09:40, the Defendant: (a) was under the influence of alcohol on the third floor corridor of C Hospital C located in Seoul, and took a bath without any justifiable reason; (b) prevented the Defendant from causing disturbance, i.e., the victim D (34 years of age, south) who is the prime official and employee of the Defendant, from causing harm to the Defendant; (c) however, the Defendant was unable to avoid disturbance, such as continuing to take a bath and drinking a signboard installed on the corridor.

Accordingly, the defendant interfered with the management of the victim's hospital by force.

2. The Defendant, at the time, and at the place of paragraph 1, insultd the victim by openly insulting the victim of the E box called “a person drinking alcohol on the third floor of the C Hospital,” who was called out after receiving 112 report, by the police officer affiliated with the E box called out, the Defendant prevented the Defendant, and there were many persons, including hospital visitors, including the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 314 (1) of the Criminal Act (the point of interference with business) and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each selective fine for punishment (including the fact that agreement has been reached with victim D);

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 part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. On April 25, 2018, around 09:40 on April 25, 2018, the Defendant: (a) was under the influence of alcohol on the third floor corridor of C Hospital C in Seoul, and took a bath without any justifiable reason; and (b) prevented the victim D (34 , South, and North) who is the prime officer and employee of C Hospital C, from causing disturbance, and caused the Defendant to assault the victim by continuously avoiding disturbance and leaving the victim’s left door.

2. Determination

(a) Crimes of non-violation of intention: Article 260 (3) of the Criminal Act;

B. According to the agreement submitted by the defendant, the above victim wishes to punish the defendant.

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