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(영문) 춘천지방법원 2018.04.03 2017고정445

업무방해등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a customer who gets on board a victim C (50) who is a victim who is a driver of D-si belonging to E.

On August 17, 2017, at around 22:15, the Defendant, along with the G Hospital located in the F Hospital located in Chuncheon City, was boarding the taxi as a guest, operated by the injured person on the third shooting distance from the 3st Sacheon-si Automatic Sacheon-si, the Defendant took the taxi, and said the place of the parallel as the seat of the F Hospital.

The Defendant was the victim and the Si expenses on the ground that the victim claimed the fee in front of the question of the above hospital, and that he operated approximately 30 meters from the head of H, the target destination.

1. On August 17, 2017, from around 22:02 to 22:20 the same day, the Defendant interfered with his/her duties by force, such as: (a) having been unable to get off and get off approximately 20 minutes from the street of the F G Hospital located in Switzerland-si, Chuncheon-si, and preventing the operation of a taxi without getting off about 20 minutes; and (b) having interfered with his/her duties by preventing the victim C from being able to drive a taxi for about 20 minutes by force.

2. Although police officers, such as I, who received a report at the date, time, and place specified in paragraph (1) and provided sufficient explanation of the procedure for remedying unfair charges, the Defendant continued to interfere with the duties of the police officers, i.e., having been forced to receive refund from C., and thus, he notified the Defendant that he could be punished for interference with duties. As such, the Defendant insultd the police officers by openly booming the aforementioned police officers, such as C, etc., in front of G hospital, and “the bitch bitch bitch bitch.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement by a witness C, I and J;

1. Police statements made to I and J;

1. C’s statement;

1. Application of the Acts and subordinate statutes of I and J concerning filing of a complaint;

1. Articles 314 and 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (joint crimes of insult);

1. Selection of an alternative fine for punishment;

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

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.