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(영문) 서울남부지방법원 2018.09.12 2018고정818
업무방해등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On April 16, 2018, from around 12:55 to 13:20 the same day, the Defendant obstructed the security service of the victim’s hospital by drinking away the room in the first floor of the main hall of the C Hospital located in Yangcheon-gu Seoul Metropolitan Government, by drinking alcohol and waiting for treatment, and demanding the victim D, who is a non-security personnel, to take a part in the room. The Defendant demanded the victim to take part in the room. On the ground that the victim made the victim’s speech that “I wish to find out whether he will get out of the patient,” and that the victim’s statement that “I wish to get out of the opening, she is within the basic part of the part of the shoulder who works for the rain, and thus, I will bring about the toy and bring about the toy and bring about the toy in this title.”

2. Definating;

A. At the time and place set forth in paragraph 1, the Defendant openly insulting the victim by referring to the victim D as “as the basis of ring-out and ring-out ring-out ring-out ring-out ring-out ring-out ring-out ring-out ring-out ring-out ring-out ring-out ring-out ring-out ring-out ring-out 2).”

B. On April 16, 2018, the Defendant, at around 13:00 on April 16, 2018, acquitted victims by openly citing an explanation that many patients and their families were kept at the places indicated in the preceding port, and that there was no obligation to prepare for the clothes from the police officers belonging to the Yangcheon Police Station E District Police Station in Seoul, Yangcheon-gu, Seoul, and from the victim G, the Defendant’s explanation that he was not obligated to prepare for the female clothes at the hospital from the victim G.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Application of Acts and subordinate statutes of D;

1. Article 314 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the facts constituting an offense (a point of interference with business) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of insultd victims F and G);

1. Selection of each alternative fine for punishment;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the aggregate amount of the crimes of interference with business and insult is aggregated) shall be applicable to concurrent crimes;

1. Article 70 of the Criminal Act to attract a workhouse.

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