(영문) 전주지방법원 2017.11.29 2017고단761

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크기(pt)

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줄 간격

자간(%)

(영문) 전주지방법원 2017.11.29 2017고단761

업무방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 09:50 on April 12, 2016, the Defendant interfered with the duties of receiving the hospital of the victim E, the head of the department of the hospital at the first floor of the D Hospital in Jinju-si, the first floor of the D Hospital in C, with a large sound, such as “the head of the hospital,” “the head of the hospital,” who is the head of the department of the department of the department of the hospital in charge of the hospital in question, display a stick in advance with the entrance of the hospital in the entrance of the hospital, and continuously talking for about 15 minutes to the hospital staff and customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

1. The grounds for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] interference with the affairs of the first type (Interference with the business), the basic area (six months to one year and six months) [no person in charge of special sentencing] [decision of sentencing] [the defendant's age, sex, family, family relation, family environment, motive and means of the crime, circumstances after the crime, etc., shall be comprehensively taken into account the sentencing conditions in the trial process of this case, including the defendant's age, sex, family relation, family environment, motive and means of the crime

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

At the request of F, the defendant is hospitalized in a hospital and is receiving treatment.

D. Unfavorable circumstances: The crime of this case was committed in the hospital as a matter of obstructing the business by avoiding disturbance from the hospital, and did not agree with the victim.

The defendant has been already punished several times, and some of them have been punished by imprisonment without prison labor or heavier.

Despite the fact that he was punished for the same crime, he again committed the crime of this case.

참조조문

-형법 제62조 제1항

-형법 제314조 제1항

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