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(영문) 대구지방법원 서부지원 2014.11.27 2013고단1498
업무방해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal facts

The Defendant served as a staff member in charge of the administration and receipt of the “G Hospital” located in Daegu-gu, which the Victim C jointly operated with Nonindicted Party D and E. The Defendant was dissatisfied with the issue of the terms and conditions of the settlement of accounts with D, E and Dong, and the operation of the “PACS system”, which is the computerized image system within the hospital, and was dissatisfied with the Defendant’s non-personal treatment of the above hospital employees including the Defendant;

1. On October 12, 2012, around 10:10:10 on October 12, 2012, a patient H who applied for medical treatment to the victim in the above hospital for the treatment of knee-comoe-comocing to the victim, and the victim provided medical treatment at the above hospital No. 2, but the victim refuses to accept medical treatment and interferes with the victim’s service by deceptive means by refusing to accept medical treatment.

2. On the 15th day of the same month, around 10:20, the above H applied for the receipt of treatment to the victim for the treatment of knee-comoman in the above hospital, while the victim provided treatment to the patient at the treatment room No. 2 of the above hospital, the victim refused the receipt of treatment and obstructed the victim's service by fraudulent means by refusing the receipt of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and H;

1. Application of Acts and subordinate statutes concerning photographic images;

1. Relevant Article 314 (1) of the Criminal Act concerning facts constituting an offense and Article 314 (1) of the Selection of Punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Penalty fine of KRW 1,000,000 to be suspended;

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

1. Article 59 (1) of the Criminal Act of suspended sentence;

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