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(영문) 울산지방법원 2017.10.17 2017고단262

업무방해등

Text

A defendant shall be punished by imprisonment for a period of five months.

Reasons

Criminal facts

On January 25, 2017, the Defendant was hospitalized in Ulsan-gu C hospital located in Ulsan-gu B, Ulsan-gu, and at night, the entrance door of the hospital was corrected and no entrance was allowed to be opened out, and the Defendant demanded the victim D (V, 38 years of age) who was working in the nurse room in the third floor of the above hospital to open a door. However, the Defendant heard the answer that the Defendant would return to the nurse room from the damaged party. However, the Defendant was able to listen to the answer that the Defendant would return to the nurse room in the above nurse room. The Defendant sawed the computer monitor and the house room installed in the above nurse room by hand, and cut off the street and the book in the book book.

In other words, the victim was faced with face.

Accordingly, the defendant interfered with the victim's sick management by force for about 15 minutes, and assaulted the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 314 (1) of the Criminal Act, the point of assaulting choice of imprisonment with prison labor: Article 260 (1) of the Criminal Act, the choice of imprisonment with prison labor;

1. Grounds for sentencing of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes within the extent that the punishment is added by the prolonged term of the two crimes prescribed by the crime of interference with heavier business);

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Application of the sentencing criteria;

(a) Type 1 (Interference with Business) (Determination of the territory of recommendation), the basic area [the scope of recommendation] of the crime No. 1 [the scope of punishment] from June to June 1] of the basic area;

(b) Class 2 Crimes of Violence [Determination of Type] 1 (Determination of Place of Recommendation] Basic Field of Violence (Determination of Place of Recommendation] [Scope of Recommendation] from February to October [General Sentencing Persons] - previous convictions of the same kind that do not constitute aggravated factors (less than 10 years after the completion of execution).

(c)whether it is suspended (for general circumstances: negative) - Before at least twice a suspended sentence, and no effort is made to recover from damage;

(d) The result of the increase in the final scope of sentence by multiple offenses (No. 1/2 of the upper limit of crime No. 2): 6 months to 11 months;

3. The decision of sentence shall be deep; and