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(영문) 부산지방법원 동부지원 2018.06.20 2018고단539
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On February 24, 2018, the Defendant reported to the police, while under the influence of alcohol in front of the Busan District Bank in Busan District, on February 24, 2018, and was sent back to the C Hospital in Busan District by the 119 first aid unit.

At the emergency room of C hospital, when the Defendant wants to confirm the state of the Defendant, the Defendant interfered with the operation of C emergency room from around 20 minutes until around 04:55 by avoiding disturbance, i.e., e., the head of the C emergency room, who is a private person in charge of nursing care at the above hospital (or 28 years of age) and, in order to check the state of the Defendant, “the head of the C emergency room, fluor, and D, who is fluor of this fluor, and fluor of the president,” and fluor of the clothes, who was discharged from or returned to the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of statutes on site photographs;

1. On April 20, 2017, the reason for sentencing a sentence of imprisonment under Article 314(1) of the relevant law regarding criminal facts, Article 314(1) of the Criminal Act of the choice of punishment, and Article 314(1) of the Criminal Act of the Defendant was found to have avoided a disturbance by obstructing business activities, including criminal facts, that “it was difficult for the Defendant to bring a disturbance while drinking alcohol at a restaurant,” which was sentenced to imprisonment with prison labor for a period of 8 months under suspension of execution and 2 years under suspension of execution; and on September 13, 2017, it was difficult for the same court to have avoided a disturbance by interfering with business activities, including criminal facts, under the influence of alcohol, and for a period of 6 months under suspension of execution and 2 years under suspension of execution, respectively.

The Defendant, including each of the above criminal records, has been punished for the crime of obstructing duties, obstructing the performance of official duties, obstructing assault, injuring, destroying property, etc.

The same applies to the instant crime.

Since the defendant seems to have high risk of re-offending, he/she will select and sentence imprisonment.

In addition, the defendant's age, environment, sex, means and results of the crime, prospect of the invalidation of suspended execution, circumstances after the crime, etc.

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