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(영문) 서울남부지방법원 2019.01.08 2018고단5676

업무방해

Text

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

Reasons

Punishment of the crime

On January 17, 2018, the Defendant was sentenced to six months of imprisonment for the obstruction of performance of official duties in Seoul Southern District Court on July 18, 2018 and completed the execution of the sentence in Seoul Southern Prison on July 18, 2018.

On October 14, 2018, at the C Hospital emergency room located in Yeongdeungpo-gu Seoul Metropolitan Government, around 22:37, the Defendant explained that there was no particular error in receiving medical treatment from the doctor on duty after going beyond the floor of the C Hospital 119, and then transmitted it to the doctor on duty. However, while under the influence of alcohol, the Defendant, without any justifiable reason, expressed that “the nurse, at the bar, her speech, spatha, spatha, dys, and dynasium,” expressed a large amount of desire for the medical personnel, including “the nurse, at the bar, her speech, her, her speech, her, and her dynasium,” and interfered with the operation of the emergency room of the C Hospital and the medical treatment of the emergency patients by force for about 30 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Investigation report (to listen to the statement in the D phone from a shote);

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (verification of the facts of repeated crimes of a suspect) Acts and subordinate statutes;

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

1. In light of the fact that: (a) the reason for sentencing Article 35 of the Criminal Act, among repeated offenders, is highly likely to be punished for the same crime; and (b) the period of release after serving in the same kind of crime has not yet passed; and (c) the crime of this case was committed in a hospital emergency room; and (d) such as interference with duties in the hospital emergency room may interfere with the treatment of other patients, etc., it is inevitable to sentence the criminal defendant to the

However, the sentencing factors indicated in the trial process of this case, such as age, character and conduct, environment, previous conviction, etc., including the fact that the defendant is led to the confession of crime, shall be determined as ordered.