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(영문) 의정부지방법원 고양지원 2020.06.10 2020고단1028
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On February 9, 2020, from around 04:00 to 04:30, the Defendant had been trying to receive medical treatment by suffering from a wound in the friendship and drinking place in the C Hospital Emergency Service Center located in the City of Pakistan, due to the dispute between the friendship and drinking place. However, the Defendant interfered with the receipt and receipt of the victim D patients, who are the original and staff members of the victim, by drunkly doing so and making a large sound without receiving medical treatment.

Accordingly, the Defendant interfered with the victim's business by force.

2. On February 9, 2020, at around 04:30 on February 9, 2020, the Defendant destroyed and damaged the steel structure (parking equipment) of the outer wall managed by the victim D while waiting for contact with the guardian in front of the above C Hospital Emergency room.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Written statements prepared by D;

1. Each description of a receipt and a written confirmation;

1. Application of the video Acts and subordinate statutes to the damaged photograph;

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for a crime;

1. Grounds for sentencing among concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one month to seven years;

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

(a) Class 1 crime (Determination of Types of Interference with Business) [Type 1] No person who interferes with business [the scope of the recommended field and the scope of recommendation] [the scope of recommendation field] basic area, six months to one year and six months; and

(b) Crimes No. 2 (Determination of Punishment) (Destruction of Property) and Damage: 【No. 1】 Property Damage, etc. (Special Punishment) (Scope of Recommendation and Recommendation) (Scope of Recommendation) and Basic Field; 4 months through October; and

(c) Scope of recommendations according to the standards for handling multiple crimes: the upper limit of crimes No. 2 shall be from June to November 1.

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