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(영문) 창원지방법원 마산지원 2018.09.18 2018고단115
응급의료에관한법률위반등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. 재물 손괴 피고인은 2017. 10. 22. 22:30 경 창원시 마산 합포구 D에 있는 피해자 E이 운영하는 ‘F’ 식당 앞에 이르러 피고 인의 일행과 말다툼을 하여 화가 난다는 이유로 위 식당 외부 창고 샷 시문을 발로 차 수리비가 280,000원이 들도록 손괴하고, 계속하여 위 식당 옆 건물에 위치한 피해자 G가 운영하는 ‘H 공인 중개사’ 사무실 앞에 이르러 위 사무실 유리벽을 주먹으로 쳐 수리비가 900,000원이 들도록 손괴하였다.

2. On October 22, 2017, at around 23:00, the Defendant interfered with the duties of the victimized person’s emergency room by force, such as setting up a sign at the emergency room in the J Medical Center located in the Changwon-si, Changwon-si, the Defendant: (a) laid down the front of the entrance into the emergency room, and took the front of the entrance; (b) took out the emergency room to the victim, who is a doctor on duty, who was receiving treatment while entering the emergency room; and (c) took out the emergency room, took out the emergency room, and interfered with the victim’s emergency room’s duties by force.

Summary of Evidence

1. Statement by the defendant in court;

1. The respective legal statements of K and L;

1. Each police statement protocol with respect to G and E;

1. Application of Acts and subordinate statutes to a report on investigation (limited to submission of an agreement and a written estimate);

1. Relevant Article 366 of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interfering with business and the choice of imprisonment), respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with the punishment prescribed by the most severe obstruction of business affairs);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for observation of protection and observation;

1. The scope of applicable sentences under Acts: Imprisonment with prison labor for one month to seven years and six months;

2. Scope of the recommended punishment according to the sentencing criteria: Imprisonment with prison labor for a crime committed on the basis of six months through two months, and the basic crime on the basis of ten days from six months to two months, and the scope of the recommended punishment according to the sentencing criteria shall be from six months to six months.

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