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(영문) 서울북부지방법원 2017.01.19 2016고단3177
업무방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from June 22, 2016 to June 16:55 of the same day, issued a prescription to the hospital clinic located in the third floor of the building C in Seoul, Seoul, the victim E (47 years old) on the ground that the Defendant does not issue a prescription to the victim E (47 years old) without this medical treatment.

The victim interfered with the victim's medical treatment services for about 15 minutes by force, such as "I think that she will take advantage of her, and why she will think her," and "I think she will see she know her," and spawn about drinking, and showing an fright increase.

Summary of Evidence

1. Legal statement of witness E;

1. E statements;

1. Video CDs produced by the victim;

1. Application of the Acts and subordinate statutes governing the disposition of reported cases 112;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria, the scope of the punishment [the scope of the punishment [the scope of the punishment] shall interfere with the affairs, and the mitigated area (one month to eight months of imprisonment] shall not be punished.

3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:

The favorable circumstances: The victim expressed his intention not to punish the defendant in this court after the prosecution, and the defendant has no record of criminal punishment exceeding the fine: the defendant is consistently against the crime of this case; the circumstances and methods leading to the crime of this case; the circumstances after the crime of this case; and the defendant had the record of being sentenced to the fine of KRW 4 million on September 12, 2013 by interfering with the business of the Seoul Northern District Court on September 12, 2013.

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