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(영문) 인천지방법원 2018.01.18 2017고단8609
업무방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 17, 2016, the Defendant was sentenced to five months of imprisonment with prison labor by the Incheon District Court, and completed the execution of the sentence on September 8, 2016.

On October 30, 2017, at around 12:32, the Defendant visited the department of mental health operated by the victim D in Nam-gu Incheon Metropolitan City, by visiting the department of mental health operated by the victim D, and took the prescribed drugs after receiving medical treatment, and continued to change the medicine and commit a large spathy, thereby hindering the operation of the victim hospital by force for about eight minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Investigation report (CCTV verification investigation);

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (verification of suspect and repeated crime)-related Acts and subordinate statutes;

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] : (a) where the degree of power, deceptive scheme, or the degree of interference with business is minor in the area of special mitigation (i.e., January to August) (i., special mitigation factors) [including efforts to recover damage] the sentencing factors favorable to the defendant, such as the above sentencing factors, and the defendant are against the defendant, but the defendant has the same criminal records and several times; (b) even if the defendant was punished by a fine for the same repeated offense, he/she committed another crime against the same victim of the same case who was punished by the fine, even though he/she was punished by a fine for the same repeated offense, and even if he/she had already been punished by a fine for the same repeated offense, his/her preference to the defendant is deemed to be of no intention, and thus, he/she should be additionally reflected in the sentencing factors, such as the motive and circumstances of the crime, and the character, conduct and environment of the defendant.

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