2018 Highest 539 Business Interference

A

Park Jong-young (prosecution), Park Jong-young (Public trial)

June 20, 2018

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

Criminal facts

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

At the emergency room of the C Hospital, the Defendant interfered with the operation of the C Hospital emergency room until around 04:55 by 20 minutes, by putting the disturbance on the floor, including, but not limited to, the victim D (the age of 28) who is an assistant nurse of the said hospital, intends to confirm the status of the Defendant, such as “the head of this feasia, the head of this feasia, the head of the feasia, the head of the Gu,” and “the head of the feasia, the head of the feasia,” and putting the clothes on or return to the floor,

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. On-site photographs;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 314(1) of the Criminal Act, Selection of Imprisonment

Reasons for sentencing

On April 20, 2017, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspension of execution for interference with business, including criminal facts, that he/she was unable to escape from a disturbance, such as cutting off his/her mouth while drinking alcohol in the restaurant at the Busan District Court's Dong Branch, etc. on April 20, 201, on the ground that he/she was unable to bring a disturbance due to the same court's act of interference with business, etc. on September 13, 2017, which read that he/she was unable to escape from the clothes under the influence of alcohol, and was sentenced to imprisonment with prison labor for 6 months and 2 years of suspension of execution.

The Defendant, including each of the above criminal records, has been punished for the crime of interference with business, obstruction of performance of official duties, assault, bodily injury, and destruction and damage of property on several occasions, and there are many contents of the instant crime, namely, hinging away from clothes under the influence of alcohol, and neglecting his/her behavior. The same applies to the instant crime. Since the Defendant appears to have high risk of recidivism, he/she may choose and sentence imprisonment.

Other punishment as ordered shall be determined by comprehensively taking into account the defendant's age, environment, character and conduct, means and result of the crime, presumption of the invalidation of suspension of execution, circumstances after the crime, etc.

Judges Kim Dong-chul