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(영문) 제주지방법원 2018.08.22 2018고단47

업무방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On January 7, 2014, the Defendant received a summary order of KRW 3 million by obstructing the performance of official duties at the Jeju District Court. On January 19, 2017, the same court was sentenced to a fine of KRW 3 million due to obstructing the performance of official duties and was punished for violent criminal records eight times.

[Criminal facts] The Defendant is a person boarding a taxi vehicle (vehicle number: C) operated by the victim B as a guest.

On October 29, 2017, from around 02:26 to 03:30 of the same day, the Defendant does not pay the taxi fee to the victim requesting the payment of the taxi fee, and without paying the taxi fee to the victim “Amt wel’t wel’t wel?t wel????????????????????????????????

새끼야! ”라고 욕설을 하면서 손으로 피해자의 멱살을 잡아 밀쳐 넘어지게 하고, 피해자에게 “ 이 더러운 새끼! 양아치 새끼! 더러운 놈!” 이라고 욕설을 하면서 피해자를 향해 맥주를 뿌리는 등 행패를 부렸다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of statutes not to apply punishment;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the reflection of the fact, the fact that there is no record of crime exceeding the fine, the fact that the case is contingent, the fact that the victim and the victim have agreed smoothly);

1. Protective observation and community service order, community service order, Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care, Care, Custody, etc. Act (the crime of the defendant was conducted while drinking alcohol, and it is confirmed that the defendant had the existence of alcohol. Thus, if the defendant cannot take the habit of drinking alcohol in the future, the risk of reoffending will be increased. Accordingly, the mental and medical treatment of the defendant's alcohol ozone is essential);