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(영문) 의정부지방법원 2017.11.22 2017고단4287

업무방해등

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

1. On September 5, 2017, at around 00:05, the Defendant: (a) opened a taxi driver’s seat door, etc. and prevented the victim from proceeding in the future, on the grounds that the victim D, who was driving a taxi in the direction behind the Defendant’s proceeding, had been able to report the Defendant, who was under the influence of alcohol and walked at a dangerous level; (b) opened a taxi driver’s seat door, etc.; and (c) opened the victim’s taxi driver’s seat, etc. to prevent the victim from proceeding in the future.

Accordingly, the defendant interfered with the victim's taxi operation by force.

2. The Defendant damaged public goods and interfered with the performance of official duties at the same time and place as paragraph 1, as above, went to the police officers F of the Gyeonggi-gu Police Station E zone belonging to the Gyeonggi-gu Police Station E zone, which confirmed that the Defendant interfered with the operation of the said D taxi, and was forced to return home from G during the patrol, thereby preventing the front of the patrol vehicle in which the said F and G are aboard, and making the police officer go off by hand after the left side of the patrol vehicle, thereby damaging the above 135,828 won to replace the police officer, and continuing to ask the Defendant for his personal information.

Accordingly, the defendant damaged articles used by public offices and abused or threatened public officials performing their duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning G in the police statement protocol;

1. Written statements of D;

1. Detailed descriptions of crimes, photographs, pictures and estimates damaged by patrols, and the application of video Acts and subordinate statutes;

1. Article 314(1) of the Criminal Act applicable to the facts constituting an offense (the point of interference with business), Article 141(1) of the Criminal Act (the point of damage to goods for public use) and Article 136(1) of the Criminal Act (the point of interference with the performance of official business);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of each sentence of imprisonment;

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 62 of the Criminal Act: