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(영문) 서울중앙지방법원 2017.03.09 2016고단9387
업무방해
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to the suspension of the execution of official duties in the Seoul Central District Court on August 25, 2016 and was sentenced to the suspension of the execution of six months, which became final and conclusive on September 2, 2016.

[2] On December 14, 2016, the Defendant 2016, 9387, from around 13:50 to 14:50 on December 14, 2016, the Defendant obstructed the patient’s hospital treatment by force by avoiding disturbance, such as raising the speech under the influence of alcohol from the second floor of the F hospital in the operation of the victim E, located in Gangnam-gu Seoul Metropolitan Government, and ordering the victim to report 112, and the victim complained against the disturbance, and having the victim take a bath for entering the above hospital, and neglecting the victim’s hospital treatment by force.

around 07:00 on December 15, 2016, the Defendant: (a) at F Hospital located in Gangnam-gu Seoul, Seoul, where the victim G was employed, sought to take care of the E doctor; (b) but (c) went back to each floor of the said hospital on the ground that waiting time takes place; (d) Hab, Hashes, Hashes, and Hashes to take care of the said hospital; and (e) Hashes Hashes to talk with sound, thereby obstructing the management work of the victim’s hospital by force.

Summary of Evidence

[2016 Highest 9387]

1. Statement by the defendant in court;

1. Each statement of H and E (2017 order 274);

1. Statement by the defendant in court;

1. G statements;

1. Notification to each 112 Reporting-related department;

1. A report on investigation (to hear statements from a victim) (Before judgment);

1. Application of Acts and subordinate statutes to inquire about criminal history, etc. and report investigation (report on the result of confirmation of the previous conviction of the disposition);

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act has a record of being punished several times for the same or similar crimes, and the defendant committed each of the crimes of this case during the suspended execution period. However, the defendant committed the crimes.

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