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

Punishment of the crime

1. 업무방해 피고인은 2012. 8. 23. 14:25경 부산 금정구 C 소재 피해자 D이 운영하는 ‘E병원’에서 지인 F을 병문안하다가, 내과 진료실에서 환자를 진료 중이던 의사 G을 찾아가 F에 대하여 심전도 검사 등 고액의 검사를 한 것에 불만을 품고 고함을 지르고, 피고인을 제지하는 원무과장 H에게 “개 새끼야, 맞짱 뜨면 이긴다.”라고 욕설을 하고 주먹으로 위 H의 어깨를 1회 때리는 등 약 20분간 소란을 피워 진료를 받기 위하여 대기 중인 환자들을 나가게 하여 피해자의 병원 운영에 관한 업무를 방해하였다.

2. On August 23, 2012, the Defendant expressed a desire to arrest the Defendant as a flagrant offender at the Busan Franc Police Station I district located in the Busan Franc Police Station, which was dispatched upon receipt of a report on the same ground as stated in paragraph 1. at the E Hospital on August 23, 2012. The Defendant expressed to the said J and K that “I am out, flus, flus, and flus,” and obstructed the said J’s bridge from walking back on several occasions with the left hand, and interfered with the said J and K’s legitimate execution of duties concerning the suppression of and investigation into the crime, walking the bridge of the said K on several occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to H, J, and K;

1. A report on the use of outfits;

1. Application of investigation reports (general Acts and subordinate statutes);

1. Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The basic area of the obstruction of performance of official duties according to the sentencing guidelines: Six months to one year and four months (Observance of the lower limit according to the criteria for handling multiple offenses);

2. The previous department, etc. of the suspension of execution for the last five years or more: Not selecting the suspension of execution;

3. 8 months of imprisonment with prison labor for a decision of sentence: The victim acknowledges and reflects the commission of a crime.