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(영문) 서울동부지방법원 2015.09.23 2015고단1774
업무방해
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

On June 5, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Seoul Central District Court, and three years of suspension of execution was finally decided on June 13, 2015.

On June 9, 2015, from around 07:27 to 07:50, the Defendant expressed that, within the emergency room of the Hanyang University Hospital, the victim C (the age of 27) working in Seongdong-gu Seoul, Seongdong-gu, Seoul, 222-1, the Defendant: (a) stated that “the bit of bit of a bitch bitch bitch fri, snow flob, flob bbb flob flob flob flob flob flob blob flob f flob blob blob f blob blob f blob blob

Accordingly, the defendant interfered with the victim's medical treatment by force.

Summary of Evidence

1. Partial statement of the defendant;

1. A victim’s statement and D’s reference witness statement;

1. A damaged photograph;

1. Investigation report (to hear statements from D calls for reference and report thereon);

1. Previous convictions in judgment: An investigation report (verification of previous convictions of the same kind), the failure to take a disposition, and the application of Acts and subordinate statutes reporting results;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommending sentence] interference with the business of the first category (Interference with the business) is the basic area (6 months to 1 year and 6 months) [the decision of sentence] of university hospital emergency room, and the quality of the crime is not good.

There is a record of 10 times or punishment for violent crimes.

It was sentenced to a suspended sentence as stated in the judgment of the court, and committed the crime only 4 days.

On the other hand, however, it is generally against the law.

There is no force punished for the crime of interference with business.

Some of the circumstances of the crime are considered.

It is so decided as per Disposition by taking into account these circumstances.

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