A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On February 21, 2018, the Defendant was charged with non-detained for the obstruction of performance of official duties with the Seoul Southern District Court on April 24, 2018, and was charged with assault to the same court on April 24, 2018, and is still serving in the appellate trial after being sentenced to imprisonment with prison labor for ten months and for two years of suspended execution on August 30, 2018.

From 06:50 on October 12, 2018 to 07:20 on the same day, in the “C Hospital Emergency Service Center” located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant: (a) informed the victim D (27) who is an employee of the headquarters and staff of the emergency department of the hospital of the discharge measures by taking a breathic care of the discharge measures; and (b) provided explanation on the discharge measures, the Defendant interfered with the victim’s hospital’s duties by force by avoiding the disturbance of approximately 30 minutes, such as spits, spits, etc. on the floor of the emergency room.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. 112 Reporting case management table;

1. Previous records before and after judgment: Criminal records, references to criminal records, previous records of dispositions, reports on results of confirmation, and application of Acts and subordinate statutes to investigation reports (the same criminal records of the accused);

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the Defendant was punished for the same kind of crime several times, but again, the Defendant committed the instant crime that leads to disturbance in the hospital emergency room under the influence of alcohol for a considerable time. Therefore, the nature of the offense is not weak.

However, there are favorable circumstances, such as the motive and circumstances leading up to the instant crime, the circumstances after the instant crime was committed, the Defendant’s age, character and conduct, economic conditions, etc.