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(영문) 울산지방법원 2020.01.09 2019고단3456

업무방해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 13, 2019, around 09:05, at the 1st floor of the hospital operated by the victim in the name B in Ulsan-gu, Ulsan-gu, the Defendant considered that the medical expenses paid to the above hospital were excessive and requested to return it to D, which was rejected, and the Defendant subsequently called “a request to return hospital expenses” to the above D, and the Defendant was unable to take a bath for about 10 minutes to the employees of the above hospital, such as flasing down flasium and D, fladsing down on the books, and fladsing down on the books, and flads, and fladsing them by hand.

Accordingly, the Defendant interfered with the operation of the victim hospital by force.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of video data);

1. Article 314 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the relevant criminal facts;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: One to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the determination of a type of punishment] interference with business affairs [the category 1] interference with business affairs (the special person concerned]: Reduction factors of punishment: Reduction area of punishment [the scope of the recommended area and the recommended punishment], reduction area of punishment, imprisonment with labor for one month through eight months;

3. Determination of sentence: Determination in consideration of the fact that there are many kinds of violence, the fact that the crime is divided, the fact that there exists an agreement with the victim, the age, health status, home environment, etc. of the accused;