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(영문) 춘천지방법원 2019.07.09 2019고단313
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On September 28, 2016, the Defendant sentenced the Seoul Northern District Court to one year and two months of imprisonment for the crime of interference with business, etc., and completed the execution of the sentence on July 16, 2017.

【Criminal Facts】

1. On March 22, 2019, at the C Hospital emergency room located in Chuncheon City on March 19, 2019, the Defendant: (a) took a bath to the patient D, who was suffering from treatment in the said emergency room, called “chphe, dead, and discarded,” and was unable to escape the disturbance; (b) the head and staff E of the above hospital, who observed it, prevented the Defendant; and (c) interfered with the duties of the hospital emergency room managed by the victim E, etc. by force for about 35 minutes, such as “the head and staff E who would not perform hospital duties.”

2. While there are several persons, such as the time and place indicated in Paragraph 1, the Defendant publicly insultd the victim D (the age of 36) by publicly referring to the victim D, “Choe, fined fined, finite, fined, finite, and finite, not the patient, to the extent that the finite, other than the patient, is dint.”

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D and E;

1. Egyptic photo of the video screen;

1. Previous convictions in judgment: Application of the Act and subordinate statutes concerning criminal records and investigation reports;

1. Relevant provisions of the Criminal Act, Articles 314 (1) and 311 of the Criminal Act (a point of interference with business), and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, among concurrent crimes, the crime of interference with business in the emergency room of the hospital with reasons for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 (2) of the Criminal Act is more serious.

In addition, the Defendant was sentenced to a fine on November 15, 2018 due to the same crime, and again committed the instant crime after he was sentenced to a fine on November 15, 2018 (current Chuncheon District Court 2018No1086).

In the above unfavorable circumstances, the defendant was sentenced to imprisonment with prison labor by the Chuncheon District Court 2019Kadan68 on June 27, 2019, and the defendant is led to confession and reflect.

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