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(영문) 인천지방법원 2020.05.28 2020고단1761
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On September 8, 2017, the Defendant of criminal records was sentenced to two years of imprisonment with prison labor for the crime of causing property damage, etc. at the Incheon District Court for six months, and on February 8, 2018, the same court was sentenced to six months of imprisonment with prison labor for special building intrusion, etc. at the same court on May 5, 2018, and the said judgment became final and conclusive, and the sentence of the said suspended sentence becomes void and completed on October 8, 2018.

2. On January 20, 2020, at around 20:33, around 21:00 of the same day, and around 23:00 of the same day, the Defendant was under the influence of alcohol in the waiting room at the “C Hospital” emergency room located in Bupyeong-gu Incheon Metropolitan City, and was subject to the removal from the police officer who was dispatched to the site after receiving a report on the victim D who is security personnel of the above hospital and 112.

At around 03:14 of the following day, the Defendant sought again in the waiting room of the above hospital, and obstructed the victim’s hospital management work, such as guidance, receipt, and safety management for other emergency patients by force over about 30 minutes by finding the victim himself/herself in the waiting room of the above hospital, raising complaints about his/her forced discharge, and in the treatment of the emergency room, and having the victim died. He/she will do so. He/she will she want to die. she will she will do so. Chewing she will she will do so."

Summary of Evidence

Defendant’s legal statement

D An investigation report in the written statement (CC emergency room CCTV image analysis)

1. Previous records of judgment: A criminal investigation report ( analysis of current records and attachment of judgment), application of criminal records-related Acts and subordinate statutes;

1. Reasons for sentencing Article 35 of the Criminal Act among the statutory provisions applicable to the crime, Article 314 (1) of the Criminal Act that apply to the choice of a criminal offense, and Article 35 of the Criminal Act

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the determination of a type of punishment] interference with business affairs [the category 1] interference with business affairs (the special person concerned]: Reduction factors of punishment: Reduction area of punishment [the scope of the recommended area and the recommended punishment], reduction area of punishment, imprisonment with labor for one month through eight months;

3. Determination of sentence: Imprisonment;

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