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(영문) 서울북부지방법원 2015.10.02 2015노316
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of 1.5 million won) declared by the lower court is too unhued and unreasonable.

2. The crime of this case is committed under the circumstances unfavorable to the defendant, such as the following: (a) many people and patients are taking care of a large amount of 30 minutes at a hospital in which they are receiving treatment; (b) causing fears about patients and persons related to a hospital, such as nurses, causing fears about the victim's security staff; (c) obstructing the victim's service; (d) the defendant has been punished several times by violence; and (e) the defendant committed the crime of this case even though there was a history of having been punished two times by a fine due to the same kind of crime of interference with business; (b) the defendant was under investigation by the police; (c) there are some circumstances to consider the motive of the crime of this case; (d) the defendant led to the confession of the crime of this case; (e) the use of violence to the persons related to a hospital, such as security staff at the time, etc. at the time; (e) the security staff of the victim hospital did not want punishment against the defendant; (e) the victim's obstruction of duties or violence; (e) the defendant's age and condition of the crime of this case;

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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