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(영문) 전주지방법원 남원지원 2019.01.29 2018고정48
업무방해
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 16, 2018, around 10:46, the Defendant demanded the victim D, who is a doctor within the C Jong-si and the treatment room located in the Namwon-si, to present the Defendant’s high blood pressure and disguised treatment, and to make a prescription. However, the Defendant was unable to call the victim’s statement that “the patient’s portion has been under a long time of treatment in E due to chronic diseases, and thus, it is good that it will be managed by the hospital.” However, the Defendant was able to call the victim’s statement to the effect that “When the patient’s portion was under a long time of treatment in E, it would be desirable for the hospital to take care of it.”

Therefore, while the hospital related persons moved the defendant out of the clinic, the defendant was in the waiting room in the waiting room. However, the defendant was unable to perform one person demonstration in front of the hospital in the front of the hospital. It was found that the head of the hospital could not give a poper treatment, and that the head of the hospital would compensate for the 30 minutes of the platform and the 30 minutes of the platform and the 30 minutes of the platform.

Accordingly, the defendant interfered with the care of the victim and the operation of the hospital by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to a investigation report (related to the capture of CCTV images within the generated place);

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

1. The reasoning for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a record of being punished several times as an act of violence, no measure was taken to recover the damage suffered by the defendant, the victim wants to punish the defendant, and all the other factors of sentencing specified in the argument of the case are considered.

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