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(영문) 수원지방법원 성남지원 2018.03.21 2018고단145
업무방해등
Text

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

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

Reasons

(b) Crime history;

1. In the state that dementia lacks the ability to discern things or make decisions due to dementia, the Defendant: (a) expressed his desire to the effect that, around January 19, 2018, 16:20, the Defendant: (b) went to the effect that the victim E, the president of the instant hospital, is “non-qualified as a nurse;” and (c) expressed his desire to the effect that “the victim is not qualified as a driver”; and (d) continuously, the Defendant was unable to escape from the physician in the medical clinic to prevent the victim from viewing an unspecified number of patients, and was able to avoid disturbance for about 20 minutes by refusing to leave from the physician in the medical clinic and taking a bath.

Accordingly, the Defendant interfered with the victim's hospital treatment by force.

2. The Defendant, who has obstructed the performance of official duties, listened to the purport that the Defendant would stop interference with duties and withdraw from the slopeH affiliated with the Gwangju Police Station G box called out after receiving 112 reports on the grounds of interference with the duties described in paragraph 1, at the date, time, place, and place described in paragraph 1, and on the grounds of interference with the duties described in paragraph 1, and that the Defendant would have weak ability to discern things or make decisions due to dementia, and that the Defendant would have obstructed duties by the said Assistant H.

The police officer expressed his desire to the purport that it is “the instant slope”, and assaulted the Defendant’s arms to arrest the said slope H with a suspicion of interference with his duties, and used the Defendant’s arms to take out of the clinic, and used the said slope H two times as his head.

Accordingly, the defendant interfered with the police officer's legitimate execution of duties on 112 report processing and arrest of flagrant offender.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A written statement;

1. Application of Acts and subordinate statutes to evidence photographs, opinions of intention;

1. Relevant Article 314(1) of the Criminal Act, Article 316(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties), and the selection of fines for the crime;

1. Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental and physical drugs

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