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(영문) 청주지방법원 영동지원 2021.02.09 2020고단200
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around September 18:45, 2020, the Defendant obstructed the duties of receiving patients from an emergency room by force by force, such as gathering any person who is under the influence of alcohol at the emergency room in the C Hospital B located in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and threatening the victim D, who is an employee.

2. On September 9, 2020, the Defendant interfered with the performance of official duties, at the place described in paragraph (1) around 18:48, and after receiving the report related to the disturbance as described in paragraph (1) at the place described in paragraph (1) at around 112, the Defendant interfered with the police officer’s legitimate performance of duties concerning the handling of the report of 112 cases by assaulting the slopeF’s face on his hand, who was in his possession, to be asked from the slope F belonging to the Chungcheong-do Police Station Ethical Ethical Police Station, to be asked about the disturbance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes to a copy of CCTV images of C hospital;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, and the choice of imprisonment with prison labor);

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, which provides for aggravated concurrent crimes (aggravating concurrent crimes with the punishment stipulated for a crime of obstructing the execution of heavier official duties);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to seven years and six months;

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

(a) Crimes No. 1 (Interference with Business) [Determination of Type] Interference with Business, [No. 1] Interference with Business (Special Sentencing] [Scope of Recommendation and Recommendation]], Basic Field (Scope of Recommendation and Recommendation], Six months through one year and six months;

B. Second Crimes (Interference with the Execution of Official Duties) / [Type 1] Interference in the Execution of Official Duties / [No person subject to any special sentencing] [the territory of recommendations and the scope of punishment] Basic Field, 6 months to 1 year and 6 months.

(c)the guidelines for multiple crimes;

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