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(영문) 서울남부지방법원 2017.09.08 2017고정571

업무방해등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A(49 years of age, South) is a private taxi customer B, and the victim C(52 years of age, South) is a driver of the above taxi.

On November 27, 2016, the Defendant, while under the influence of alcohol, arrived at around 00:10 on the next day on the credit of the Gangseo-gu Seogdong, Gangseo-gu, the purpose of which is to get on a taxi operated by the injured party in the vicinity of the Seo-gu, Mapo-gu Seoul Metropolitan Government Matern, and arrived at around 0:10.

Although the defendant had been in the influence of alcohol in KRW 12,200, the defendant tried to get off the taxi fee of KRW 5,000,000 and obstructed the victim's taxi business for about 40 minutes by bringing about the victim's walk.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the statutes governing the statement protocol to victims C;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. On November 28, 2016, the Defendant: (a) around 00:40 of the facts charged against the Defendant: (b) paid a charge to E, and solicited several times to return home, regardless of the existence of the victim and a large number of police officers, on the front side of the D Zone; (c) “The debris flob flob, flob, flob, flob, flob, flob.

"Publicly insulting E was repeatedly insulting about several times of ‘'.

2. Determination

(a) An offense subject to victim's complaint: Articles 311 and 312 (1) of the Criminal Act;

B. The written withdrawal of the victim’s complaint was submitted to this court on July 10, 2017.

(c) Judgment dismissing a public prosecution: Article 327 subparag. 5 of the Criminal Procedure Act;