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(영문) 춘천지방법원 2020.04.22 2019고단1132
업무방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 5, 2019, at around 09:50 on September 5, 2019, the Defendant interfered with the Defendant’s business: (a) obstructed the Defendant’s duties of care in the C Hospital located in Chuncheon-si B, and interfered with the Defendant’s duties of receiving hospital treatment for the Defendant, including: (b) the Defendant’s name and influencing the Defendant’s name and influencing the Defendant’s behavior, such as: (c) the Defendant’s failure to perform his/her duties at the C Hospital located in Chuncheon-si B; and (d) the Defendant’s failure to perform duties of care until the police officer arrives

2. On September 5, 2019, the Defendant continued to interfere with the performance of official duties, around 10:20, at the pertinent C Hospital, obstructed the Defendant’s act, and obstructed the police officer’s legitimate performance of duties regarding the affairs regarding the handling of the reported case, by inserting cigarette butts on the floor of the Chuncheon Police Station D District E, which was called upon upon receipt of a report, and sent out to the outside of the hospital, and neglecting the Defendant’s act, and throw away cigarette butts from the hospital; and the police officer rewing the tobacco butts on the floor of the defect that the police officer stated that the cigarette butts would lead to smoking butts, and thereby interfere with the police officer’s legitimate performance of duties regarding the handling of the reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of F and G;

1. A cigarette butts;

1. Application of statutes governing field video CDs;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

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

1. Scope of recommended sentences according to the sentencing criteria;

A. The basic area (6 months to 1 year and 6 months) of the basic area of the obstruction of performance of official duties (the scope of recommendations) (the scope of the obstruction of performance of official duties)

(b) Type 1 (Interference with Business) area of mitigation (1 to 8 months) (including specially mitigated persons) of the crime of interference with business (including serious efforts to recover damage).

C. 6 months to 2 years from the handling of multiple crimes.

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