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(영문) 대전지방법원 천안지원 2020.04.24 2020고정154
업무방해
Text

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

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

Reasons

Punishment of the crime

On December 18, 2019, at around 07:45, the Defendant interfered with the duties of the victim who is in charge of care and entrance control, care and entrance control, care and protection of medical professionals in the above hospital security room for about five minutes, such as gathering of complaints from the medical professionals who could no longer be treated in an emergency room to comply with the complaint before the emergency room of the C Hospital located in the Dong-gu, Nam-gu, Seoul Special Metropolitan City, and preventing them from entering the emergency room to follow the complaint.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to field photographs and CCTV image photographs;

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The Defendant’s mistake in sentencing of Article 334(1) of the Criminal Procedure Act is recognized.

The victim expressed his intention that he does not want to punish the defendant at the investigation stage.

It seems that the economic situation of the defendant is not sufficient.

However, the defendant cited stalved illness and committed a threat to the victim, and the risk of such act is considerably high.

In the past, the Defendant has been punished several times for various violent crimes, including the crime of interference with business.

In addition to this, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances revealed in the trial process shall be determined as ordered by considering various circumstances.

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