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(영문) 의정부지방법원 고양지원 2018.06.08 2018고단603
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. On February 22, 2018, the Defendant: (a) around 12:50, and around 3, 2018, the C hospital “C hospital ” located in U.S. Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu (hereinafter “victim D, the head of the headquarters at the hospital at issue,” and (b) the Defendant was able to take a bath and verbal abuse for a long time on the ground that there was no room for the victim to be hospitalized while providing counseling for hospitalization,

Accordingly, the Defendant exercised force and interfered with the victim's hospital business.

2. 재물 손괴 피고인은 위 일시, 장소에서, 위와 같이 소지하고 있던 목발을 휘둘러 책상 위에 놓여 있던 위 피해자 소유의 시가 불상의 가습기와 안내 아크릴 판을 부숴 이를 손괴하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report internal investigation (on-site inspection and CCTV investigation);

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business, the choice of imprisonment), and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment with prison labor);

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

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

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

1. The scope of the recommended punishment according to the sentencing guidelines for multiple offenses: the scope of the final sentence due to the aggravation of multiple offenses for which there are no types of crimes (Obstruction of Duties) in the basic area (for six months to one year and six months) (for example, six months to one year and six months) [the scope of the recommended punishment] in the basic area (for example, damage of property, etc.), the basic area (for April to ten months), (for example, damage of property, etc.] in the basic area (for example, damage of property, etc.), the scope of the recommended punishment pursuant to the sentencing guidelines: six months to one year; the scope of the final sentence due to the aggravation of multiple offenses:

2. The fact that the defendant who has been sentenced to punishment has been sentenced to punishment for the same kind of crime shall be considered to be disadvantageous to the defendant, or all of the crimes of this case.

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