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(영문) 춘천지방법원 원주지원 2019.08.13 2019고단444

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 23, 2019, at around 08:55, the Defendant was able to avoid disturbance for about 30 minutes, including, but not limited to, the emergency room in the C Hospital located in Gwangjin-gu Seoul Special Metropolitan City, misunderstanding that the first responder around the emergency room in Seoul Special Metropolitan City was in the presence of the Defendant, and misunderstanding that two first responders, such as E of the D Safety Center, sent back to the Defendant, were “spawn”, and that the said first responder’s body was sealed.

Accordingly, the defendant interfered with the receipt and treatment of the patient in the emergency room in the victim C Hospital by force.

2. On March 23, 2019, at around 09:35, the Defendant: (a) received 112 report from G in front of the emergency room in Gwangjin-gu Seoul Special Metropolitan City, to the effect that “a person interferes with business at a hospital” in front of the emergency room in Gwangjin-gu, Seoul Special Metropolitan City; and (b) received a recommendation from G police officers belonging to the Gwangjin-gu Police Station F District of the Minejin Police Station, who called “Ibbbly under the influence of alcohol; and (c) assaulted G’s head.”

Accordingly, the defendant interfered with the legitimate execution of police officers' duties related to 112 reporting processing affairs.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to H written statements;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act: The crimes of obstruction of the performance of official duties of the State need to be strict in order to protect the legitimate performance of official duties of the State and to establish sound social order.

The defendant committed physical violence against the police officer called up immediately after interfering with the duties of the emergency room in a hospital, and the nature of the crime is very poor.

The defendant is currently suffering from the current depression, and the crime of this case is under the influence of the defendant.