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(영문) 서울남부지방법원 2017.05.11 2017고단88

업무방해등

Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 600,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On November 1, 2016, around 19:05, at the entrance of the airport market in Gangseo-gu Seoul, Gangseo-gu, Seoul, Fire-Fighting Dong, the Defendant was on board the back seat of the victim B driver C-si, and the victim was in the vicinity of Incheon Gyeyang-gu, and was under the influence of alcohol on the ground that the victim refused the request.

B. It is well known here.

Before having taken a bath, he/she saw that he/she gets a walk, such as a driver of the taxi operation and the rear door of the taxi, and walking a taxi from the taxi by generating the string of the string of the taxi.

Accordingly, the defendant, by force, destroyed the victim's taxi business, and damaged the victim's taxi so that the amount equivalent to 1.30,000 won of the repair cost.

2. 경범죄 처벌법위반 피고인은 같은 날 19:30 경 서울 강서구 D 소재 서울 강서 경찰서 E 지구대에서, 술에 취하여 경찰관들에게 " 씹할 놈들 아, 좆같은 놈들 아 "라고 욕을 하며 자신의 지갑을 경찰관을 향해 집어던지고 그곳에 있던 쓰레기통을 발로 걷어찼다.

As a result, the Defendant, while under the influence of alcohol, committed an act of disturbance of revocation due to a speech and behavior that passed about 15 minutes at a government office.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A written statement;

1. Application of Acts and subordinate statutes to the main sentence;

1. Relevant provisions of the Criminal Act and Articles 314(1) and 366 of the Criminal Act (Optional to imprisonment), and Article 3(3)1 of the Punishment of Minor Offenses Act (Optional to Penalty) concerning the crime;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70 (1) and Article 69 (2) of the Criminal Act concerning the detention in a workhouse;

1. Article 62 (1) of the Criminal Act concerning the suspension of the execution of imprisonment (with prison labor);

1. Although the reasons for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act for the observation of protection and observation have been punished as a large number of identical military forces, the fact that the Defendant committed the instant crime is not good for committing the crime.

, however, the amount of damage.