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(영문) 인천지방법원 2014.08.28 2014고단4236
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On June 2, 2014, from around 17:15 to 17:42 of the same day, the Defendant interfered with the business of the victim’s hospital business by force, such as: (a) at the “E hospital where the victim D works in Bupyeong-gu Incheon Metropolitan City from around 17:15 to around 17:42 of the same day; (b) the victim was under the influence of alcohol and was refused to provide treatment; (c) the victim’s hospital business operation was obstructed by force, such as why the victim would be able to give treatment, why the treatment would be possible if the victim would have been provided with any money without any money; and (d) why the victim would be able to give treatment; and (e) why the victim would have been able to get a back of a guest who was found in the atmosphere with his/her hand.

2. At around 17:42 of the same day, the Defendant: (a) obstructed the performance of official duties of the police officer in relation to the handling of the instant report and criminal investigation by assaulting, i.e., the 112 report, and sent out from the slope G belonging to the Busan Police Station F Zone G, Samsan Police Station, which was sent to the above area; (b) pushing the chest of the above G into the air room glass table on the hand floor; and (c) pushing the said G on the body of the said G; and (d) pushing the said G with the body of the body of the said G, stating that the said G “S Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning G and D;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 136(1) of the Criminal Act; Article 136(1) of the Criminal Act; Article 314(1) of the Criminal Act; the choice of imprisonment with labor;

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] The crime of interference with business without the basic area (6-1-4 months) (6-1-1 year and 4 months) of the obstruction of performance of official duties is not set. As the sentencing guidelines are not set, the lower limit of the sentence of recommendation is applied.

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