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(영문) 서울중앙지방법원 2018.07.18 2018고단2402

업무방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, from around 22:00 on April 2, 2018 to 22:35 on the same day, in front of Jongno-gu Seoul, Jongno-gu Seoul, and from about 22:35 on the victim C, who was a taxi driver, a taxi driver, who was washing a taxi, without any reason, “dlehh” without reason;

In this regard, the victim took a bath, such as "....", and the victim continued to take a cab in the state of the defective driver's seat so that he/she could not drive the cab, thereby obstructing the victim's taxi business by force.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement protocol against C (the Defendant alleged that he was in a mental and physical state under the influence of alcohol at the time of committing the instant crime, but in light of facts acknowledged by the evidence of the judgment, the Defendant had the ability to discern things or make decisions at the time of committing the instant crime.

[No.]

Application of Statutes

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the grounds for sentencing in consideration of the following reasons] interference with business affairs [the scope of recommended punishment] [one-month (Obstruction of Business)] mitigation area (including one who has been specially mitigated) / [the decision of sentence] Defendant may have the record of having been sentenced to punishment for the same kind of crime in the past. The Defendant may have the record of having been sentenced to punishment for the same crime in the past. Even before the three-month period of the instant crime, even though he was issued a summary order of KRW 3 million due to interference with business affairs, it is necessary to punish the instant crime accordingly.

However, considering the favorable circumstances in which the victim of this case does not want the punishment against the defendant, the degree of interference with the business of this case is also considered as factors for sentencing.

In addition, the sentencing conditions indicated in the records of this case, such as the Defendant’s age, sex, environment, motive and consequence of the crime, and circumstances after the crime, shall be equally considered and sentenced to the same sentence as the order.