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(영문) 울산지방법원 2019.03.28 2018고단3855

업무방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

At around 17:50 on December 7, 2018, the Defendant was under the influence of alcohol at the emergency reception counter of the hospital C in Ulsan-gu, Ulsan-gu, and requested the victim D (38 years of age) who is an employee of the prime department and staff member to receive it. However, the Defendant was unable to avoid any disturbance by: (a) the Defendant: (b) the Defendant was waiting to wait for another patient for the part of the other patient; (c) the Defendant called “I am soon as soon as possible; and (d) the Plaintiff was gathering the dog on the floor; (d) the son was suffering; (e) the son was brued; and (e) the victim was able to display his hand on the floor; and (e) the document files, etc. at the reception counter.

Accordingly, the Defendant interfered with the receipt of hospital by force of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of field ctv images and photographic Acts and subordinate statutes;

1. Relevant laws concerning criminal facts, Articles 314 (1) and 313 of the Criminal Act that choose a penalty, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

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

1. Sentencing (Scope of recommendations) and category 1 (Interference with Business) and basic area (six months to one year and six months) (special person) of interfering with business;

2. Based on the above sentencing criteria, the sentencing criteria as ordered shall be determined by comprehensively taking into account the following circumstances, Defendant’s age, character and conduct, environment, motive of crime, etc.:

The fact that the defendant recognized the normal facts charged in favor of the defendant and reflects it, and the fact that the head of a Alley cancer is being affected by the defendant's business due to normal alcohol that is disadvantageous to the defendant, and that the nature of the crime is not weak, and that