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(영문) 의정부지방법원 2013.07.11 2013고정435
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

The defendant is a patient hospitalized in 'C Hospital' in 'C Hospital B' at the time of the medical government.

1. Around October 6, 201, the Defendant obstructed the Defendant’s legitimate business by force, such as drinking alcohol under “C Hospital” 602, which is located in “C Hospital B,” and refusing to take medicine administered by the victim D, who is a nurse, and getting off a computer monitor used for the hospital business by moving to the nurse scam and moving to the hospital as his/her hand, and interfering with the Defendant’s legitimate business by force.

2. The Defendant, upon receiving the above business obstruction report, obstructed the police officer’s legitimate execution of duties by assaulting the E, a police officer, who was said to have called the Defendant, in his body, with his back head, faced with the hospital equipment, and obstructed the police officer’s legitimate performance of duties.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of each fine for the crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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