Text
A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Punishment of the crime
【Criminal Records of Crimes】 On January 24, 2017, the Defendant was sentenced to one-year suspended sentence of imprisonment for a violation of the performance of official duties at the Daejeon District Court, and the judgment became final and conclusive on February 1, 2017, and is currently under suspended sentence.
【Around March 20, 2017, the Defendant interfered with the receipt of drunk patients at the emergency reception center of the D Hospital in Daejeon-gu Daejeon-gu, Daejeon-gu, and interfered with the security service of the victims’ hospital by force, such as interfering with the entry of patients by the victim security personnel E (25 years of age). The Defendant sent one cigarette out of the above emergency room to the victim security personnel F (32 years of age) while going out of the above emergency room and trying to take out the victim security personnel F (32 years of age). One cigarette on the floor was stored in F’s chest, one cigarette on the floor was stored in E, and it interfered with the security service of the victims by force, such as interfering with the patient’s entry by leaving the entrance prior to the emergency room.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. A report on the arrest of the case and an internal investigation;
1. Previous convictions: Inquiry into criminal history, application of investigation reports (the period of probation and confirmation of the same records) and Acts and subordinate statutes;
1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommended punishment] In the basic area (from June to January) of Article 1 of the Act on the Obstruction of Business Affairs (the scope of recommended punishment] [the decision of sentencing] of the Defendant, and the fact that the Defendant was under medical treatment in relation to alcohol dependence, etc., were punished on 26 occasions due to favorable circumstances, violence, disturbance of public duties, obstruction of public duties, damage to public goods, injury, etc., and no more than two months have passed since imprisonment was sentenced due to interference with official duties, and thus, without any special reason, the Defendant cannot be exempted from the punishment corresponding thereto.
In addition, the sentencing data, such as the defendant's age, sex, environment, motive and means of the crime, results, and circumstances after the crime, are integrated.