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(영문) 서울중앙지방법원 2018.07.27 2018노385
업무방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 1.5 million) is too unreasonable.

2. In the trial of the ex officio judgment, the prosecutor filed an application for changes in the indictment with the following (re-written judgment) as stated in the facts constituting a crime, and this court permitted this to change the subject of the judgment, and thus, the judgment of the court below was no longer maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, on the ground that there is a ground for reversal ex officio above, and the judgment below is reversed, and it is again decided as follows.

[Judgment] On July 26, 2017, from around 10:08 to around 15:19 of the same month, the Defendant committed the following crimes by abusing the status of counselors and victims, who are employees, by making phone calls to the D Hospital Call Center in Gwanak-gu in Seoul Special Metropolitan City from around 10:08 to 15:19 of the same month.

1. On July 26, 2017, the Defendant committed a crime around 10:08 on July 26, 2017: (a) called the call center at the above D Hospital call center at around 10:08 on July 26, 2017; and (b) to E to the victim E:

H. H. H. M. H. L. L. L. L. L. L. L. L. L. L. L. L. Non-A. M.

“I” and desire to grow, “Isson Feman and Sys shall not grow.”

“A bitch bitch bitch bitch bitch,” and “a bitch bitch bitch bitch.”

Before the victim’s desire to be “Is theme to be within the inner border,” and expressed the desire to “Is theme to be within the inner border,” and thereby interfere with the victim’s DNA call center telephone counseling services by force. The victim’s desire to “Is theme to be within the inner border.”

2. On July 26, 2017, the Defendant committed a crime around 10:29 on July 26, 2017, the Defendant called the call center at the above D Hospital call center at around 10:29 on July 26, 2017 to G to the victim.

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