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(영문) 서울중앙지방법원 2015.04.23 2015고단469

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 18, 2014, around 21:15, 2014, the Defendant obstructed the victim’s taxi business by force by blocking the direction of the movement of E-si driven by the victim D on the front of Gwanak-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City), and neglecting the victim’s taxi business by bringing the disturbance to the large interest of “a flash, ging, chewing,” and neglecting the direction of the movement of E-si operated by the victim D.

2. Around December 18, 2014, the Defendant insultd the victim by openly insulting the victim H, a police officer in charge, by speaking as “the victim H, who is a police officer in charge of garbage, fluor, bit of bitch, bitch, bitch, bitch of bitch, bitch of bitch of bitch of bitch of bitch of bitch of bitch of bitch of bitch of bitch of bitch of bitch of bitch of bitch of bitch, bitch of bitch of bitch of bitch of bitch of bitch of bit

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. The defendant and his defense counsel asserts that the defendant was in a state of mental disability due to drinking at the time of each of the crimes in this case.

However, in light of various circumstances revealed in the records, such as the background leading up to the crime, details of the crime, and the defendant's behavior before and after the crime, it is not recognized that the defendant had committed the crime at the time of each of the crimes of this case, and therefore, the defendant and his defense counsel's above assertion is not acceptable.

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 314 (1) and 311 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment with prison labor;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The taxi business shall be operated in a manner that there is a record of being sentenced three times to a fine for the crime of interference with business, and the taxi business shall be operated in a manner that preventss the lane of the taxi from being