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(영문) 서울중앙지방법원 2019.05.14 2019고정763

업무방해

Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

At around 19:50 on December 4, 2018, the Defendant, while under the influence of alcohol on the street front side of the Seocho-gu Seoul Metropolitan Government building B, requested passengers to get a mobile phone in the D Village bus (E) operated by the victim C, and requested passengers to borrow a mobile phone, and the Defendant obstructed the disturbance between the bus driver's seat and the front door, and obstructed the passengers and the victim from getting on the bus by getting off the bus for about five minutes, and prevented the passengers who were trying to get on the bus from getting on the bus, and the victim could not depart from the bus.

Accordingly, the Defendant interfered with the victim's bus operation by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Results from the recycling and viewing of black boxes and CDs;

1. Report on the offender's domicile;

1. Application of the Acts and subordinate statutes to report internal investigation and investigation;

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (Article 334(1) of the Criminal Procedure Act only requests the lending of a mobile phone and there is no interference with the operation of the bus by the victim. However, if the images contained in the bus booms are found, the defendant caused disturbance before the bus entrance, and there seems to have been physical contact before the entrance without complying with the removal of articles, and there seems to have been a considerable time of physical contact. The defendant's cell phone was located in another place, and the defendant's cell phone was difficult to view that it is difficult to view that the defendant's request the mobile phone lending to the passengers who are string to find his own cell phone in the village bus is difficult to view that there is considerable reason to obstruct the operation of the bus by the victim, such as the facts charged, so the defendant's argument cannot be accepted.)