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(영문) 전주지방법원 2019.06.20 2019고단347
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 09:40 on February 16, 2019, the Defendant interfered with his/her duties: (a) was under the influence of alcohol on the fifth floor of C Hospital Dhodong-gu (Seoul Hospital Dhodong-gu), and (b) the victim E, the nurse of the above hospital, solicited the Defendant to return home at a large level; (c) was discharged from the department; (d) the staff of the above hospital, who controlled the Defendant, was discharged from the department; (d) the staff of the said hospital, who was under the control of the Defendant, was sent to the police officer after receiving a report while taking a large amount of desire, thereby obstructing the victim E and other nurses’ assistant duties for medical treatment by force for about 20 minutes, such as gambling the head on the wall.

2. The Defendant was faced with the victim G (Nam, 16 years old) who passed the above place (70cm in length) as a dangerous object in the time and place mentioned in Paragraph 1, and was faced with the victim’s head head.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. A investigative report (CCTV image verification) and caps;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (Interference with business), Article 314 (1) of the Criminal Act (a point of special violence) and the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Group 1 crime (Special Violence Decision of Punishment) (Special Violence). Assault crime [Type 6] There is no repeated crime, special assault (Special Assault) [Scope of Recommendation and Recommendation] (Scope of Recommendation) basic area, imprisonment with prison labor for up to April 10 months to October;

(b) Class 2 crime (Interference with Business) [Determination of Punishment] Obstruction of Business (Type 1] Obstruction of Business (Special Punishment) : Reduction element (including efforts to recover damage): Reduction range (including the recommended field and recommendation range) reduction range, imprisonment with labor for one to eight months.

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