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(영문) 수원지방법원 2017.08.16 2017고단3482
업무방해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On April 23, 2017, the Defendant: (a) around 04:25, the Defendant was unable to avoid disturbance for about 15 minutes on the ground that: (b) the N Hospital’s seven-story ward L, the Young-gu L, and the victim M, the nurse, visited the hospital in which the person was hospitalized under the influence of alcohol, and was unable to take a bath for the reason that the victim’s response does not appear in mind; and (c) the Defendant voluntarily took his face.

Accordingly, the Defendant interfered with the victim's nursing service by force.

2. On April 23, 2017, the Defendant assaulted the Defendant at around 04:45, at the place indicated in paragraph 1, and at around one time, the victim O (22 years) who is security personnel of a hospital, in order to prevent the Defendant from spreading the Defendant to the 1st floor of the hospital, while taking the Defendant’s desire to take the victim’s right eye.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of M,O, and P;

1. Application of Acts and subordinate statutes to photographs by cutting off on-site photographs, images damaged by victim'sO, CCTV images on the wall of a assault;

1. Relevant Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act and Article 260 of the Criminal Act, the choice of imprisonment with prison labor for the crime;

1. As to the assertion of the Defendant and his defense counsel under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the Defendant and his defense counsel asserted that the Defendant was in a state of mental and physical weakness due to the influence of alcohol, etc. at the time of the instant crime.

However, according to the evidence duly adopted and examined by this court, although the defendant was found to have drinking at the time of the crime, in light of the background, means and method of the crime of this case, and the defendant's behavior before and after the crime of this case, it cannot be seen that the defendant lacks the ability to discern things or make decisions due to drinking. Thus, the above argument by the defendant and the defense counsel is without merit.

1. Reasons for sentencing.

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