1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 14, 2018, at around 22:30, the Defendant was unable to avoid disturbance for about 20 minutes by taking care of the waiting room of the E hospital emergency room managed by the victim D (28 tax) in Busan Dong-gu, Busan, with no particular reason.

Accordingly, the defendant interfered with the management of the victim's hospital by force.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of Acts and subordinate statutes of D;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of the recommended punishment according to the sentencing criteria;

(a) Determinations of types: Disturbive crimes - Business Obstruction;

B. There is no special sentencing factor:

(c) Scope of recommending punishment: Imprisonment with prison labor for up to six months up to one year and six months (basic field);

3. Criteria for suspension of execution;

(a) Main reasons: Not less than five years' previous convictions for the same kind of suspension of execution;

(b) General circumstances: A person who has been sentenced to suspended execution on at least two occasions;

4. In this case, the decision of sentence is that the defendant interferes with the hospital operations for about 20 minutes by putting the defendant at the waiting room of the hospital emergency room during night and taking a bath, etc., and the nature and circumstances of the crime are not good.

The defendant's crime seems to cause considerable damage and inconvenience to patients and their family members as well as hospital managers.

Nevertheless, the defendant does not compensate for damages to the victim or receive a letter of suspicion.

Furthermore, the defendant was sentenced to two years of suspended sentence for 8 months on March 25, 2016 due to interference with business affairs on March 25, 2016, and was sentenced to two years of suspended sentence on April 2, 2016, and again committed the crime of this case during the period of suspended sentence after the judgment became final and conclusive, and in addition, the records of punishment for the same crime are likely to be more than twice (one suspended sentence and one fine).

However, the defendant is in the state of drinking.