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(영문) 의정부지방법원 고양지원 2015.11.06 2015고정420

업무방해

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 3, 2014, at around 23:42, the Defendant: (a) boarded in E-si operated by the victim D in front of the city office located in the Jung-gu Seoul Metropolitan City, Jung-gu, Seoul, at around 31, 201; (b) arrived at the frontway of the entrance of the fourth complex of Goyang-gu, Seoyang-gu, Busan Metropolitan City, the destination of which is at around 23:20 on the same day; (c) demanded the victim to go under the influence of alcohol and take a bath for about 40 minutes; and (d) obstructed the victim’s taxi business by refusing to go under the influence of alcohol for about 40 minutes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D and F;

1. The Defendant and the defense counsel in the investigation report demanded the victim to leave a place other than the destination to submit to the destination as a legitimate exercise of rights, and did not exercise their power, and they did not claim the instant facts charged.

However, in full view of the following facts and circumstances admitted by the above evidence, it is difficult to view that the Defendant’s failure to get off the taxi is a refund of the exercise of rights, and it is determined that the Defendant exercised force in the process of not getting off the taxi. Therefore, the Defendant’s assertion is not acceptable.

(1) A victim, when a passenger requests to move to the outside of Gyeonggi-do while driving a Seoul taxi, shall enter and operate a destination to the inside and outside of Gyeonggi-do. On the day of the instant case, the victim also stated that the defendant entered and operates the fourth complex of the Sungdo Village 4, which the defendant speaks on the day of the instant case that he generally confirms the destination to the passenger when he enters a destination to the inside and outside

② When the victim arrived at the fourth complex of the Seongdong Village and demanded the payment of the fee, the Defendant told that he would go to another place after paying by credit card. However, the Defendant, who was unable to find out the horses of the Defendant under the influence of alcohol, started the time when the Defendant asked for the payment of the fee.

(3) The injured party shall be located in four complexes of a rural village in which the accused is a child.