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(영문) 서울동부지방법원 2018.06.15 2018고단1201

업무방해등

Text

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

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

Reasons

Punishment of the crime

1. On April 2, 2018, the Defendant: (a) around 20:35, the Defendant obstructed the operation of the victim’s taxi for 20 minutes by force, without getting off from the victim, on the ground that he/she did not speak at a destination while he/she was driven by the victim C taxi in the upper wing-gu Seoul Metropolitan Government on the ground that he/she was driven by the victim B and was on board the beneficiary C taxi in the upper wing-gu and driven by the victim B; (b) around 21:00 on the same day, the Defendant demanded the victim to leave the above taxi at the upper 3rd gate of the 297 upper wing-gu, Seoul, Junggu; and (c) without getting off from the above taxi.

2. On April 2, 2018, the Defendant, at around 21:30 on April 2, 2018, committed assault against the Defendant, who was urged to pay taxi expenses and return home from E, a policeman affiliated with the Seoul Heavy Police Station D, who was called out after receiving a report No. 112 on the third street of the upper 297 upper gu, Jung-gu, Seoul, Seoul, to return home on one occasion.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for B and E;

1. Application of Acts and subordinate statutes to report on investigation (Listening to statements made by taxi engineers B);

1. Relevant Article 314(1) of the Criminal Act, Article 316(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties), and the selection of fines for the crime;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that a victim of the crime interfering with the business of this case does not want the punishment of the defendant, the defendant reflects the wrong fact, and the circumstances of the crime of this case shall be determined by taking into consideration.