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(영문) 서울남부지방법원 2019.01.23 2018고단6482
업무방해
Text

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

Reasons

Punishment of the crime

[Criminal Justice] On November 12, 2013, the Defendant was sentenced to a suspended sentence of two months for an attempted larceny of night buildings at Busan District Court, and the said judgment became final and conclusive on November 20, 2013. On March 24, 2015, the Seoul Southern District Court sentenced the Defendant to six months of imprisonment for a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) at the Seoul Southern District Court on March 24, 2015, and the said judgment became final and conclusive on July 3, 2015, and completed the execution of the said final sentence on January 9, 2016.

【Criminal Facts】

1. At around 09:40 to 10:30 on November 27, 2018, the Defendant interfered with the duties of the employees of the above medical institutions, including D, etc., by force, for about 50 minutes, such as 50 minutes of a disturbance, where, without any reason, the Defendant did not return home, after receiving physical treatment at the “C-type off department” located in Yeongdeungpo-gu Seoul Metropolitan Government, and without returning home, and without returning home, the Defendant d, the victim D, the doctor’s name and unsound boxes, and several patients, who died of crobbbbbbbus, and huming them into a large city.

2. At around 12:00 on November 30, 2018, the Defendant, at the same place, carried out a room without permission, and dumpeded the room, and dumpeded it with the large interest of “Badin, Badin,” thereby obstructing the Defendant’s employees of the above medical institutions, including D, by force, to avoid disturbance for about one hour, thereby obstructing the Defendant’s treatment, etc. of patients.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution (the first and second examinations);

1. Statement of D police statement;

1. A report on investigation (request for forwarding details of 112 declarations) and a detailed statement of handling each 112 reported case;

1. A criminal investigation report (a report analyzing data on motion pictures);

1. Previous records of judgment: Criminal records, etc., investigation reports (verification of repeated crime of a suspect), judgment (violation of the Punishment of Violence, etc. Act, in violation of the Punishment of Violences, etc. Act) and application of Acts and subordinate statutes to the status of confinement of individuals;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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