beta
(영문) 의정부지방법원 2015.04.03 2014고단4635

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 November 24, 2014, the Defendant interfered with the business of the Defendant: (a) on the street in front of the possible station of 08:30 p.m., 159-o. 2, which is available for the Government on November 24, 2014, the Defendant obstructed the victim’s taxi business by force by forcing the victim (the victim B (the age of 65) who was on board to set off a cab and demanding the Defendant to take the cab first, on the ground that the victim refused it; (b) however, on the ground that the victim refused it, the Defendant was sick down the sallef and salping the salf, and caused the victim to get a guest on the back seat, thereby obstructing the victim’s taxi business.

2. The Defendant, at the same time and place as in the preceding paragraph of the assault, knife the victim B’s ear by hand, knife the victim’s head by drinking, and knife the cab, knife the victim’s body by hand, knife the victim’s body, knife the victim’s body, knife the victim’s face by drinking knife and drinking the victim’s face.

3. On November 24, 2014, the Defendant: (a) arrested flagrant offenders under the charge of interference with the foregoing duties and assault; and (b) took place within the district of the police station of the Council of the Republic of Korea on the charge of obstruction of performance of official duties; (c) took a bath to E in the circumstances belonging to the said district; and (d) walking off the parts of the said E as soon as possible; and (c) obstructed the police officer’s legitimate performance of duties in relation to the situation of his/her own arms by shouldering his/her arms.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Photographs;

1. Application of Acts and subordinate statutes to investigation reports (verification of CCTV images for the obstruction of performance of official duties);

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of imprisonment for a crime;

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order.