beta
(영문) 서울남부지방법원 2018.04.25 2017고단6455

업무방해등

Text

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

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On December 10, 2017, around 00:10 on December 10, 2017, the Defendant demanded the victim E who operates D taxi from the second line of the C drinking house located in Gangseo-gu Seoul Metropolitan Government, to operate it as the Gangseo-gu Seoul Metropolitan Makdong, but the Defendant is not able to operate from the damaged person to the Busan Maak-dong.

B. The victim interfered with the victim’s taxi operation by force between approximately 25 minutes and 25 minutes before the same day, including the victim’s string, leaving the victim’s taxi, leaving his/her mobile phone in the taxi, leaving the taxi in the taxi, and leaving the taxi before the taxi.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of E;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing criteria, the scope of the punishment [the scope of the punishment [the scope of the punishment] shall interfere with the affairs, and the area of mitigation (one month to eight months] shall not be subject to the punishment;

2. Circumstances unfavorable to the determination of sentence: The damage suffered by the victim due to the obstruction of the defendant's taxi operation business;

In the light of the behavior and degree of interference with duties, the liability for the crime is not easy.

The defendant has been subject to criminal punishment several times for violent crimes.

The defendant does not want to be punished against the defendant by agreement with the victim during the trial of this case.

The above circumstances and the circumstances leading to the Defendant to commit the instant crime, the circumstances after the commission of the instant crime, and other various circumstances, including the Defendant’s age, sexual conduct, and environment, which form the conditions for sentencing as shown in the records and arguments, shall be determined as per Disposition.

Rejection of Public Prosecution

1. The summary of this part of the facts charged is as follows: (a) around 00:10 on December 10, 2017, the Defendant: (b) the victim E operating D taxi from the second line of the C drinking house located in Gangseo-gu Seoul Metropolitan Government on December 10, 2017 to the Gangseo-gu, Gangseo-gu, Seoul.