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(영문) 서울남부지방법원 2017.02.02 2016고단5248
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

1. On August 23, 2016, from around 07:20 to from around 07:40 on the same day, the Defendant was unable to avoid disturbance for about 20 to 30 minutes, such as: (a) the Defendant, in front of the six-story nurse’s room at the Guro-gu Seoul Metropolitan Government “C Hospital”, having raised complaints on his mother’s treatment procedures, and her mother, taking the part in eating the nurse’s receipt platform and taking the part in eating the nurse’s receipt platform into consideration; and (b) the Defendant took part in drinking the nurse’s receipt platform.

Accordingly, the Defendant interfered with the business of the above hospital owned by the victim E by force.

2. At the same time and place as the statement in paragraph 1, the Defendant committed the assault against the victim on two occasions by breaking up the parts of the victim D (e.g., 50 years old) on the said ground.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes on voluntary accompanying reports;

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense (Interference with business);

(1) Article 260(1) of the Criminal Act, and Article 260(1)

O. Imprisonment selection)

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. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order [the scope of recommendation] 1) Business Interference [the basic area of interfering with the business: June to June 2: Violence (Assaults) (Assaults 1]: February to October (Special Sentencing 1) and 2] no all of the basic area of the crime. [the handling of multiple crimes] The scope of punishment as to interference with the business of 1/2 of the upper limit of the punishment for the crime of assault, shall be added to the area of punishment for interference with the business of 1/2 of the punishment: June to 11 [the sentence], six months [the extent of the crime of this case, degree of violence committed, degree of damage and recovery of damage, the defendant's mistake is recognized, the defendant's age, environment, criminal records, etc., and the sentence of probation shall be imposed for a certain period of time as well as imprisonment with prison labor, in consideration of all the circumstances such as imprisonment with prison labor for the defendant.

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