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(영문) 의정부지방법원 고양지원 2017.10.13 2017고단2472

업무방해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On July 29, 2017, the Defendant was on board a bus No. 3700, which was under the influence of alcohol at a bus terminal located in the Dong-gu, Dong-si on July 15:20, 2017, with passengers aboard the bus No. 3700, the same day, and the Defendant was on the 15:40, 15:40 on the same day, and it is difficult for the Defendant to resist the 'the wall system'.

At the same time, the victim C, who is an article of the bus, requested a stop, but was refused to stop because it was not a bus stop, thereby viewing the victim's bath at the front side of the bus, and obstructing the operation of the bus by the victim by force.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of the CDA-related Acts and subordinate statutes

1. The reason [the scope of recommended punishment in accordance with the sentencing guidelines] for sentencing of Article 314(1) (a) of the Criminal Act relating to criminal facts and Article 314(1) (a) of the Criminal Act on the selection of punishment [the scope of punishment recommended in accordance with the sentencing guidelines] interference with business] and circumstances unfavorable to the mitigation area (one to August 8): the defendant was committed by multiple violence, and the defendant caused danger to passengers by the act such as viewing of a defense against a bus driver while driving a bus, etc.

However, according to the evidence, the defendant's request for the establishment of a driver can be found to have a defense immediately after the defendant requested the driver, and the defendant was a situation to the extent that the defendant was rapidly changing the defense in the bus.

On the other hand, it is difficult to see that the testimony of a bus driver is excessive for the defendant to take actions to get off the bus in a place other than the bus stop of this case: The defendant's age, sex, and behavior in the above circumstances.