A defendant shall be punished by imprisonment for six months.

Punishment of the crime

【Criminal Facts】

On December 20, 2019, the Defendant was sentenced to imprisonment with prison labor for four months at the Seoul Eastern District Court, and was sentenced to one year of suspended execution on December 28, 2019, and the said judgment became final and conclusive on December 28, 2019 is still under suspended execution.

[criminal power] On April 18, 2020, the Defendant expressed the victim D(the age of 32, remaining) who served as the doctor of the above hospital in the C Hospital emergency room located in Seongbuk-gu, Sungnam-si, Sungnam-si, that he did not treat friendlyly, and took a 10-minute pedago on the ground that he did not treat friendlyly.

Accordingly, the defendant interfered with the emergency room service of the victim by force.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Previous records shown in the D's written statement: The application of criminal records, inquiry reports, investigation reports (verification during the period of suspension of execution of sentence) and statutes;

1. In light of the relevant legal provisions on criminal facts, Article 314(1) of the Criminal Act regarding the selection of a sentence, the Defendant’s reason for sentencing a sentence of imprisonment with prison labor, without being during the probation period, committed the instant crime without being during the probation period, the degree of interference with business cannot be deemed as unfortunate, the Defendant did not receive a letter from the victim, and the Defendant has many records of being punished for violence and interference with business, it is inevitable to punish the Defendant significantly.

However, the fact that the defendant does not repeat the crime after recognizing the crime shall be considered as favorable circumstances. In addition, considering all the circumstances, such as the defendant's age, character and conduct, environment, circumstances before and after the crime, and circumstances before and after the crime, the punishment shall be determined as stated in the order, referring to the scope of recommended punishment (basic area, June to June) according to the sentencing guidelines, and referring to the scope of recommended punishment according to the sentencing guidelines.