업무방해등
A defendant shall be punished by imprisonment for two years.
Punishment of the crime
[Criminal Power] The case: The judgment of the Seoul Northern District Court on the obstruction of business, etc. sentenced on July 16, 2015: Imprisonment with prison labor and two months (the result of the reduction of imprisonment with prison labor at the appellate court in the first instance and one year and six months): the termination of the execution of the sentence of the Daejeon Prison on April 26, 2016 [criminal fact]
1. On September 2, 2016, around 13:34, 2016, the Defendant: (a) at the second floor of the hospital in Dongdaemun-gu Seoul Metropolitan Government, the Defendant: (b) intending to drink bean water at the hospital in Dongdaemun-gu, Seoul; (c) intending to refrain from drinking water at the hospital site; and (d) expressed the victim’s desire to “Is, Chewing, swes, and swes are grow up on the bar; and (d) f, the nurse, expressed the Defendant’s desire to “Is, swes, Isphers, Isphers, Isphers, Isphers, Isphers, Isphers,” and interfere with the patient’s hospital’s business by force by avoiding disturbance, such as threateninging the Defendant’s hand.
2. Around September 2, 2016, the Defendant assaulted the victim’s neck by hand on the ground that the victim G (the 66-year-old age) who was the cause of the protection in the front corridor of the patient’s room and the Defendant expressed the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the police statement to F and G;
1. Relevant provisions of the Criminal Act, Article 314 (1) of the Criminal Act (Interference with Business), Article 260 (1) of the Criminal Act and imprisonment, respectively, with prison labor;
1. Article 35 of the Criminal Act among repeated crimes;
1. 경합범 가중 형법 제37조 전단, 제38조 제1항 제2호, 제50조 양형이유 양형기준 유형 구분 감경 기본 가중 1 업무방해 1월 ~ 8월 6월 ~ 1년 6월 1년 ~ 3년 6월 제1범죄(업무방해) 특별양형인자 : 가중요소(중환자실 진료방해, 동종 누범) 권고형량 : 특별가중영역(1년 ~ 5년 3월) 제2범죄(폭력) 특별양형인자 : 가중요소(동종 누범) 권고형량 : 가중영역(4월 ~ 1년) ⇒ 다수범 가중에 따른 최종범위 : 1년 ~ 5년...