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(영문) 창원지방법원 진주지원 2018.05.30 2018고단386

업무방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 12:35 on January 20, 2018, the Defendant: (a) obstructed the business operation of the victim’s hospital by force, such as: (b) 20 minutes of the victim’s hospital, by: (c) the victim C and the member of the Council operated by the victim C in Jinju-si, on the ground that the member’s nurse was infinite; (d) the member’s nurse was removed from the warehouse and was infinite; and (e) the member’s nurse was infinite; and (e) the member’s nurse was infinite; and (e) the victim’s hospital operation was obstructed by force.

2. The Defendant interfered with the performance of official duties on the ground that “I have been satisfyed what I would have been on, and at the same time, at the place of the above paragraph 1 above, the Defendant called “I have been satisfying to satisfy” from F of the police station affiliated with the Jinju E box of the Police Station:

Chewing grings, the said F’s heart part was drinking once again while taking a bath for “Chewing gringra.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting processing affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of G and F;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136 of the Criminal Act, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Application of the sentencing criteria;

(a) Class 1 - The sentence of recommending interference with the performance of official duties: Six months to one year and six months (basic areas): None of them;

(b) 2nd offence - The sentence of recommending interference with business: one month to eight months (the area of mitigation): No penalty shall be imposed.

(c) Many crimes: From six months to one year; and

2. The decision of sentence is made two times before and after violence, the fact that the victim does not want to be punished, and all the arguments of this case are shown in the arguments of this case, such as the age, sex, environment, circumstances of this case, means and result of this case, etc.