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(영문) 광주지방법원 2017.02.08 2016고단5631
업무방해
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 29, 2016, the Defendant shouldered the victim D (58 taxes) who is hospital safety personnel at C Hospital located in Seo-gu, Seo-gu, Gwangju on October 29, 2016.

The correct death shall be discarded.

Chewing franchise ." and franchise pul, etc., which interfered with the safety of the victim's hospital by avoiding disturbance by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the investigation report (related to the verification of CCTVs in hospitals);

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act for observation of protection and observation;

1. Scope of the recommended punishment on the sentencing guidelines [the types of decisions] interference with business affairs, [the scope of the recommended punishment] basic area [the scope of the recommended punishment] from six months to one year and six months;

2. Determination of sentence: Imprisonment with prison labor for six months (two years of suspended sentence), and all the sentencing conditions specified in the pleadings of this case, such as the defendant's age, sex, environment, circumstances, and circumstances after the crime, shall be determined as ordered, taking into consideration the following circumstances.

Unfavorable circumstances: The crime of this case was committed while the court of first instance was sentenced to a suspended sentence of imprisonment due to damage to public property, and the court of appeal was committed in the course of the trial.

There are many records of punishment for violent crimes.

There is no effort to recover damage.

A favorable normal condition: The degree of power or the degree of interference with business is significant;

It is difficult to see it.

The confession of crime and the mistake are divided.

As alcohol treatment counseling and education are faithfully conducted, it is not re-offending.

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