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(영문) 수원지방법원 여주지원 2020.02.17 2019고단1163
업무방해등
Text

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.

Reasons

Punishment of the crime

At around 19:40 on September 15, 2019, the Defendant: (a) at the D Hospital’s office division where the victim C (Nam, 35 years of age) works in the Gyeonggi-si B, the Defendant interfered with the receipt of the hospital by force of the victim by force by putting about 40 minutes of a 40-minute movement, such as threatening another patient and his guardian, who is not sealed by the victim; (b) joint flas, spons, and joint flas, who are in a large voice, openly insulting the victim by openly insulting the victim; and (c) repeating the behavior against his hand, and causing danger and injury to the victim; and (d) flasping the receipt with his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. E statements;

1. Application of Acts and subordinate statutes to report internal investigation;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 283(1) of the Criminal Act, Article 311 of the Criminal Act, and Article 311 of the choice of imprisonment for a crime;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation, community service and lecture attendance order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Determination of Types of Interference with Business) [No one] Interference with Business (Type 1] [No person who is a special person] [the scope of the recommendation field and recommendation range] basic area, imprisonment with prison labor for six months to one year and six months;

(b) The basic area of the second crime (determination of types of intimidation) [Article 1] and the general intimidation [Article 1] (Scope of recommendations and recommendations] and the basic area of the second crime (determination of types of intimidation) (Article 1) and two months to one year;

(c) Class 3 (Determination of Punishment) Crimes of Defamation. [Attachment 1] There is no general insult [No person in a special form] (the scope of recommendation and recommendation] (the scope of recommendation field and recommendation range], and two months to eight months in imprisonment.

(d) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor from June to February 20, 1/2 of the upper limit of crimes No. 1 to February 20.

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