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(영문) 서울남부지방법원 2014.05.07 2014고단1000

업무방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On March 21, 2014, while under the influence of alcohol around 00:55, the Defendant continued to take a bath and failed to get off from the said taxi for about 20 minutes, thereby obstructing the victim’s taxi business by force, by failing to get off the said taxi for about 20 minutes, even though he/she was under the influence of alcohol, and did not get out of the said taxi in front of the Seoul Yandong Station, and did not get out after arrival, and again, he/she arrived in the said E, after changing the Defendant’s destination to Yangcheon-gu Seoul, Yangcheon-gu, Seoul, the Defendant’s place of residence.

2. On March 21, 2014, around 01:20, the Defendant obstructed the police officer’s criminal suppression and other legitimate execution of duties related to maintenance of order by assaulting the Defendant, i.e., the police officer, who was dispatched after receiving the said C’s report on the front road located in Yangcheon-gu Seoul, Yangcheon-gu Seoul, Seoul, the G District Police Station G District, where the Defendant recommended the Defendant to return home from the taxi, “if the Defendant would be able to pay and return home to the taxi anywhere the intended land is anywhere the police officer would have raised, the Defendant was subject to a fine due to the police officer, i.e., the police officer would have raised, she would have to go back to the taxi, and she would have to go back from the taxi.” The Defendant interfered with the police officer’s criminal suppression and other legitimate execution of duties related to maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of C’s written laws and regulations

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business, Selection of Imprisonment), and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Order to attend lectures under the Criminal Act;