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(영문) 서울중앙지방법원 2014.02.06 2013고정4450

업무방해등

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.

Reasons

Punishment of the crime

1. Around 01:00 on July 17, 2013, the Defendant obstructed the business of the victim’s personal taxi business for about 20 minutes in a way that the victim C was able to run on the back seat of D-si operated by the victim C in front of the 10-on road located in Yang Jae-dong Seoul Seocho-gu Seoul Metropolitan Government, and the victim was able to run on the back seat of D-si operated by the victim C, and the victim obstructed the victim’s personal taxi business for about 20 minutes in a way that he did not leave the taxi in Seoul Metropolitan area.

2. The Defendant interfered with the performance of official duties by a police officer who was dispatched to the scene after receiving a report on the same reason at the date, time, place, and place mentioned in paragraph (1) and asked the Defendant to leave the taxi to ask him for the reasons not getting out of the taxi, and thereby interfered with the legitimate performance of official duties by a police officer who was dispatched after receiving a report, by assaulting him, such as e-mail’s flick part of E by drinking away from the taxi and having him out of the taxi flick on one occasion in the course of carrying on the patrol vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of each police protocol of statement to C and E;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of fines for the crime;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;