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(영문) 서울중앙지방법원 2018.08.14 2018고단1247

업무방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

【The Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. at the Seoul Central District Court on June 9, 2016, and completed the execution of the sentence at the Net Prison on December 22, 2016.

【Criminal facts” around 12:55 on November 12, 2017, at the village bus stops located in Seocho-gu Seoul Metropolitan Government, the Defendant was demanded to pay the bus fee from the injured party without paying the victim C (47 years old) driving fees.

Accordingly, the Defendant announced the victim in operation with the bus fee, sent a large bit of bitbit of bit of bit of bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a b

Accordingly, the Defendant interfered with the duties of drivers driving village buses by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. CCTV photographs for committing a crime;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (verification of repeated records);

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment: The same shall not apply to the cases where the driver obstructs the operation of the bus engineer in operation;

A person who was unable to receive an explanatory note from the injured party.

Many violent crimes have been committed.

The favorable circumstances: All of his errors are recognized, and they are against themselves.

In addition, the defendant's age, sex, intelligence and environment, family relationship, motive, means and method of committing a crime, circumstances after committing a crime, etc. shall be determined as ordered by taking into account various factors of sentencing as shown in the records and trial process.