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(영문) 대전지방법원 2019.10.16 2018고단4627

업무방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On September 29, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for an injury, etc. at the Daejeon District Court on January 24, 2018, and completed the execution of the sentence in the Daejeon Prison on January 24, 2018. On July 11, 2019, the Daejeon District Court sentenced the Defendant to four months of imprisonment with prison labor for interference with business, etc., and the said judgment became final and conclusive on

【Criminal Facts】

At around 21:10 on November 23, 2018, the Defendant, on the ground that the victim C was under the influence of alcohol in the first floor of the DD Hospital at which the victim C was working in the Jung-gu Daejeon-gu Daejeon-gu, Daejeon-gu, and that “the victim was unable to receive medical treatment without any cooperation in medical treatment, by paying 260,000 won of the amount of hospital expenses,” and that “the victim was paid money, killed, dead, and spawn”, and continued to take care of the victim’s name unclaimed in the above hospital’s funeral hall, such as taking time expenses to the resident in the above hospital’s name unclaimed room, taking it in the corridor or taking a bath in the large interest, thereby interfering with the passage of the employees and the patients of the above hospital, and the victim was unable to receive medical treatment, provide guidance, and receive duties, thereby obstructing the victim’s business operation by force.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on the occurrence of the case;

1. Previous records: Application of Acts and subordinate statutes to the results of inquiry, investigation reports (Attachment of repeated power, attached power during the continuance of trials) and the results of Konet search;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. It is advantageous to the fact that the sentencing of the latter part of Article 37 and Article 39(1) of the Criminal Act is against the reason, and the fact that the young children are about to look at the young children, etc.

However, even before, it has been punished three times, including the previous convictions in the same crime, and it is inevitable to punish the defendant because he has not been punished by the victim.

The age, character and conduct, environment, family relationship, and crime of the defendant.