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(영문) 의정부지방법원 2017.06.15 2016고단4766
업무방해
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

[2016 Highest 4766]

1. On August 14, 2016, the Defendant is required to request from the injured party at “E operated by C victim D” at the main point of “E” operated by C victim D in Macheon-si, 2016.

(a) Age;

(i) governance music;

"Abrupting the disturbance while taking a bath with a large amount of 40 minutes, thereby obstructing the victim's main operation by force.

[2016 Highest 493]

2. On September 20, 2016, the Defendant: (a) received medical treatment in the G Hospital emergency room located in the G HospitalF on September 20, 2016 on the Gancheon-si on the part of the Defendant; and (b) received medical treatment in the G Hospital emergency room located in the G HospitalF on the part of the patient, who is a hospital officer and employee, and calculated medical expenses to the victim H, while calculating the medical expenses, he/she would return it to the victim “hump.”

It interfered with hospital affairs and duties by force, such as giving a large interest to "no money," and avoiding about 20 minutes of disturbance, etc.

Summary of Evidence

[2016 Highest 4766]

1. Statement by the defendant in court;

1. Written statements of D;

1. A copy of a business report (2016 high group 4933);

1. Statement by the defendant in court;

1. A written statement of I;

1. Application of medical expenses receipt Acts and subordinate statutes;

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

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) the Defendant was sentenced to a fine of KRW 4 million on September 3, 2013 due to interference with business affairs on the part of the Defendant; (b) the record of violent crimes has 15 times or more; (c) the Defendant’s mistake is against the Defendant; (d) the Defendant appears to be in a mental unstable state; and (e) the degree of interference with business affairs is not much serious.

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