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(영문) 대전지방법원 2016.11.18 2016고정1043
업무방해
Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On May 21, 2016, at a hospital located in Daejeon-gu, Daejeon-gu, around 07:15, the Defendant expressed that “No money exists.” During the process of receipt at the home department of the above hospital from around 07:50 on the same day, the Defendant was sent back to the hospital 119 in the state of alcohol and sent back to the hospital 07:50 on May 21, 2016, the Defendant was able to see that the Defendant was subject to assault by another home body, and thus, the Defendant was able to avoid the disturbance of the guardian.”

After 112 reported, the police officer went out of the emergency room of the above hospital, and re-enters the emergency room of the above hospital after receiving the 112 report, and re-enters the emergency room of the above hospital, “I am out of the night, Chewing flasium, treatment flasium, Chewing flasium,” and she was informed by the security personnel E (Nam, 34 years old) of the above hospital, “I am out of the way, I am out of the knife, knife, knife, knife, knife. I am. I am back at one end. I am on the 114 call, it was difficult to avoid any disturbance, such as “I am flase, knife, and knife on the floor of the emergency entrance.”

Accordingly, the Defendant interfered with the security duties of the emergency room of the E hospital for about 35 minutes by force.

Summary of Evidence

1. Statement of victim to E by the police;

1. Reports on accompanying the arrest of suspect flagrant offenders, such as interference with business, and investigation reports;

1. Application of Acts and subordinate statutes to investigation reports (work logs and videos);

1. Article 314 (1) and Article 313 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

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

1. The defendant and his defense counsel asserts that the defendant was in a state of mental disorder or mental retardation under the influence of alcohol at the time of committing the crime, under Article 334(1) of the Criminal Procedure Act.

According to the records, although the defendant's drinking is recognized as a drinking fact at the time of committing the crime, the amount of the defendant's reputation, the background leading up to committing the crime, the means and method of committing the crime, the defendant's speech and behavior at the time of committing the crime, and the circumstances before and after

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