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(영문) 인천지방법원 2013.11.07 2013고단6360

업무방해

Text

A defendant shall be punished by imprisonment for 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

On September 13, 2013, at around 02:10 on September 13, 2013, the Defendant brought a disturbance for about 20 minutes for the following reasons: (a) on the ground that the Defendant claimed medical expenses from a D Hospital emergency room located in Incheon, for a person living together; (b) the victim F, who is the director of the department of emergency medicine of the above hospital, stated “Ye, chrop flabbb, who claimed medical expenses from the recipient,” and attempted to remove a computer located therein.

Accordingly, the defendant exercised force and interfered with the operation of the emergency room of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order in consideration of the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act has many records of punishment for violent crimes, the decision of imprisonment is made in consideration of the fact that the defendant led to the confession of the instant crime and reflects the fact that the defendant agreed with the victim, the execution of imprisonment shall be suspended in consideration of the circumstances favorable to the victim, but probation and community service order shall be ordered