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(영문) 서울서부지방법원 2018.09.05 2018고단2141

업무방해등

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 4, 2018, at around 23:25, the Defendant: (a) boarded the victim B (the 45-year-old) taxi in the vicinity of the Seongbuk-gu Seoul Metropolitan City sperm Station; (b) moved around 23:50 on the same day to the exit 3:50 on the same day; and (c) refused the victim to pay the defective fare to the Defendant; (d) obstructed the victim’s taxi business by driving off the taxi seat and the back door; and (e) moving the victim from the taxi to another place without paying the fare; and (e) interfered with the victim’s taxi business by force by force on several occasions while the police officer was dispatched to the scene.

2. The Defendant interfered with the performance of official duties, at the date and time specified in paragraph 1, and at the place specified in paragraph 12, recommended the Gyeong-ju belonging to the Seoul Mapo Police Station D police station D police station, who was dispatched to the scene, to pay the taxi fare to the Defendant and return home, thereby obstructing the police officer’s legitimate performance of duties concerning the handling of 112 reports by the police officer on the 112 report after holding the taxi fare receipt.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and B;

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties, the selection of fines) and Article 314 (1) (the point of obstructing duties and the selection of fines) of the same Act;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;