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(영문) 서울서부지방법원 2014.01.28 2013고정6

업무방해

Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. On March 15, 2012, around 14:30 on March 14:30, 2012, the Defendant: (a) informed the victim D of “E” operated by the victim D of Mapo-gu Seoul Mapo-gu Seoul Mapo-gu Underground Ground 1; (b) informed the police station of the incident of assault from the above Mana to the Mana before this mold; (c) provided the victim with the taxi fee and the letter or charge; and (d) demanded the victim to change money; and (d) provided the victim with a view to raising him/her on the Kapoter; and (e) prevented the victim from driving and cutting down to customers, thereby interfering with the victim’s duties by force.

2. At around 19:00 on March 15, 2012, the Defendant: (a) obstructed the business as above; (b) sought money from the victim for about one hour and 30 minutes; (c) demanded the victim to return money from the victim; and (d) prevented the customers from entering the brue, by force, on the ground that he/she had been investigated by the next police station upon the victim’s report; and (c) obstructed the victim’s duties by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement regarding D;

1. Application of Acts and subordinate statutes to investigation reports (investigation of cellphone images);

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

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

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;