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(영문) 인천지방법원 2018.05.03 2017고단8221
업무방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 29, 2017, at around 17:30 on September 29, 2017, the Defendant left the hospital staff, such as the victim D, for the reason that the denial of the Defendant hospitalized at the hospital C oriental medical hospital located in Gyeyang-gu Incheon Metropolitan City was neglected to leave the hospital without permission.

They are dead.

Along to about 30 minutes of the disturbance, such as hinginging to the large sound, the victim and other employees of the hospital were unable to perform their duties, such as the performance of duties and receipt.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / 【Scope of Recommendation / Suspension of Duties】 When considering the following factors: (a) failure to take the main sentence / [ June - one year and six months]; (b) failure to take the main sentence ; (c) failure to take the main sentence ; (d) failure to take the measures to prevent recidivism; and (e) the arrival of obvious habits, etc., it is certain as punishment for property punishment, but it is difficult to achieve the effectiveness of preventing

However, the treatment in society is appropriate in light of the non-exercise of physical power and reflect light.

The punishment for four months shall be determined to be less than the lower limit of the recommended punishment, and the execution of community service for the prevention of recidivism shall be suspended for a period of one year.

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