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(영문) 인천지방법원 부천지원 2019.09.19 2019고단1895
업무방해등
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 6, 2019, at around 22:00, the Defendant interfered with business, around the third floor hospitalization room of the hospital located in Kimpo-si B, Kimpo-si, the Defendant, without any reason, took a bath in front of the three-story hospitalization room, took a bath in the presence of the nurse C and other patients, left the room on the floor, laid down the elevator wall on the floor, putting the elevator wall on the head, and obstructed the victim’s nursing-related work by force by avoiding disturbance for about 20 minutes of the disturbance.

2. On May 6, 2019, the Defendant: (a) was arrested as a flagrant offender with interference with business by a police officer upon receipt of a report on 112 for the same reason as paragraph (1); and (b) moved to the criminal team of the Kimpo Police Station around May 23:40, 2019; (c) had approximately KRW 300,00 won of repair cost by walking the office automatically due to a new disease transfer process.

Accordingly, the Defendant damaged the automatic door, which is a thing used by public offices, thereby harming its utility.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Written estimate;

1. Automatic damaged photographs;

1. Application of each CCTV image statute;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 314 (1) (a) and 141 (1) (a point of interference with business) of the Criminal Act concerning the selection of a sentence, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of recommendations according to the sentencing criteria;

(a) Crimes No. 1 in its holding [Determination of Punishment] Interference with Business Affairs (Determination of the recommended field] Basic Field [Scope of Recommendation] from 6 months to 1 year and 6 months;

B. Crimes No. 2 of the holding [Determination of Punishment] Crimes of Obstruction of Performance of Official Duties, Destruction and Destruction of Public Articles (Invalidity of Public Articles) 1 / Basic Field / [Determination of Recommendation Field] 6 months from 6 months to 1 year and 6 months

(c) Aggravation of multiple crimes: Six months to two years and three months.

2. Determination of sentence: Imprisonment with prison labor for not less than six months and suspension of execution;

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