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(영문) 울산지방법원 2014.06.26 2014고단691
업무방해
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

On March 2, 2014, at around 18:10, the Defendant was under the influence of alcohol at the C Hospital Emergency Service Center located in Ulsan-gu B, Ulsan-gu, and, without any special reason, she took care of the physician, staff of the hospital and patients in charge of the emergency room without any justifiable reason.

The Defendant, at around 17:30 on the same day, brought the victim D(the age of 26) working for the above hospital clinic, sent the victim a desire to file a petition to the Defendant, and brought the victim a call to the police officer who was called up after receiving a report at around 112 on the same day until the police officer waits the Defendant.

Accordingly, the defendant interfered with the victim's original duties such as the receipt of patients by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Probation and Social Service Order is that the defendant interfered with the duties of the hospital by causing the disturbance of the defendant by taking the bath at the emergency room of the hospital.

In particular, in addition to being notified of a summary order of KRW 300,000 as an assault in the Ulsan District Court on December 9, 2013, the Defendant was punished for a similar and similar crime such as violence nine times more than a hour at the hospital treating patients, but there is a high possibility of criticism in that it again leads to the instant crime.

However, the sentence shall be determined as per the Disposition by taking into account the erroneous recognition and reflective points and other circumstances shown in the records.

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