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(영문) 서울남부지방법원 2016.10.12 2016고단822

업무방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 7, 2016, from around 22:45 to 23:17 the same day, the Defendant: (a) at the village bus stops in front of the D shopping mall located in Yeongdeungpo-gu Seoul Metropolitan Government; (b) when the village bus in operation of the victim E stops for the passengers getting on and off, the Defendant was unable to operate the bus by cutting off the window next to the driver’s seat and leaving it up by hand; and (c) by allowing the customers aboard the bus to get off the bus and use another vehicle by force for about 30 minutes, the Defendant interfered with the operation of the village bus by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements of witnesses E in the second protocol of the trial;

1. Statement of witness F in the third protocol of the trial;

1. Each statement of E and F preparation;

1. Application of Acts and subordinate statutes to report on investigation;

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

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

1. Article 62-2 of the Criminal Code of the Social Service Order (the defendant and his defense counsel) asserts that the crime of this case was committed in the manner that the defendant was shocked by the bus operated by the victim to enter the bus stop and was not illegal as it was a justifiable act. However, according to the evidence duly adopted and examined by the court, it is difficult to deem that the bus operated by the victim was shocked by the defendant. Furthermore, even if the bus operated by the victim was a minor contact as alleged by the defendant, the defendant's act and method cannot be deemed reasonable, and it cannot be deemed that it satisfies the requirements of urgency and supplement, and it does not constitute a justifiable act that does not violate social rules.) The reason for sentencing is for sentencing.

1. The scope of the recommendation, sentence, scope of imprisonment on the sentencing criteria, and interference with the business of not more than eight months; and