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(영문) 대구지방법원 안동지원 2017.12.19 2017고단304

업무방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On April 26, 2017, at the same time, the Defendant 201:38 at an emergency room operated by the victim foundation C, which is a victim foundation C, in Ansan-si B, and caused the disturbance to operate the emergency room of the victimized party by force by putting the C Hospital D promptly and taking a bath on the ground that the C Hospital D does not perform the operation as soon as possible. The Defendant interfered with the operation of the emergency room of the victimized party by force by putting the disturbance, such as tight hand hand to prevent the Defendant from doing the above act, keeping the F’s upper part of the hand, keeping the E’s chest part, tight part, putting him on the floor, putting him on the floor, thereby delaying the treatment of the patients waiting in the emergency room, and creating unstable sense.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to photographs taken by the accused at the scene of interfering with emergency room affairs, such as profesing time expenses to security personnel and assaulting them;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines shall interfere with the affairs of the recommendation [the scope of the recommended punishment], and the area of mitigation (one month to eight months) [the person subject to special mitigation] shall not be punished (including the person subject to serious efforts to recover damage);

2. Circumstances favorable to the determination of sentence: The defendant is recognized to commit a crime and is against his/her will;

When the atmosphere of an emergency room has long been suffered from a framework, it seems that this case was reached contingent.

At the time, both the doctor and the security personnel working at the damaged hospital do not want to be punished by the defendant.

D. Unfavorable circumstances: The crime of this case is not easy in light of the details of the crime, method, and risk, such as provoking a trial fee to a doctor in an emergency room at a hospital and pushing the security personnel who block such act.

The accused has already been punished for crimes such as violence, obstruction of performance of public duties, etc.