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(영문) 부산지방법원 2016.02.04 2015고단7504

업무방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 1, 2015, around 08:30, the Defendant boarded the E-si operated by the victim D in the vicinity of the gas station located in the Busan Northern-gu B, and arrived at the public parking lot located in the Northern-gu, Busan-gu, Busan-do.

The Defendant, when the victim demanded 4,700 won of taxi fees, expressed the victim’s desire to take a large voice “flasing and Chewing flasing” and caused the victim to avoid a disturbance for about 30 minutes, such as spiting the flasing inside the taxi, and preventing the victim from operating the taxi.

Accordingly, the defendant interfered with the victim's taxi business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the reason for sentencing [the scope of recommendations] under Article 62-2 of the Social Service Order Act [the grounds for sentencing [the grounds for sentencing] are as follows: (a) there are no basic area (6 months to 1 year and 6 months) [the person subject to special sentencing] [the decision of sentencing] and there are many previous forces; and (b) violence-related factors are considered as highly unfavorable sentencing factors; and (c) considering the fact that the form of interference with the work is relatively insignificant because it does not directly involve violence against the victim, etc.