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(영문) 인천지방법원 2015.10.02 2015고정2681

업무방해등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On July 7, 2013, at around 01:30, the Defendant, who interfered with the business, was boarding a taxi operated by the Victim C (year 56) in front of the Yeonsu-gu Incheon Yeonsu-dong Hospital, Yeonsu-gu, Incheon, with a view to the Esing path located in the Yeonsu-gu Incheon, Incheon at a destination of 02:05 on the same day.

Although the victim demanded the Defendant to pay KRW 13,800 to the taxi fee of KRW 13,80 to the Defendant and B, the Defendant and B did not comply therewith, and demanded the Defendant to pay the re-paid fee to the Defendant and B depending on the victim, the Defendant took a bath by putting a large amount of singke, singing off, and singing off the taxi fee of the Defendant, and the Defendant stated that the Defendant would pay the taxi fee of KRW 13,800 to the Defendant and B.

The defendant and B continued to show their body, and prevented the victim who intends to get on a taxi from getting out of the taxi.

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

2. On the ground that the Defendant and B violated the Punishment of Violences, etc. Act (joint assault) came to erode the victim F (50 years old) where the light diameter C and franch had been cut over due to the date, time, place, and taxi franch problem as described in paragraph (1), the Defendant, in his hand, shaking the victim’s b, and b, with the victim’s francing hand.

Accordingly, the defendant assaulted the victim jointly with B.

Summary of Evidence

1. Each police interrogation protocol against the accused, B, or F;

1. C’s self-written statement;

1. Application of Acts and subordinate statutes on copies of receipts;

1. Article 314 (1) and Article 30 (1) of the Criminal Act, Article 2 (1) 1 of the Act on Punishment of Violence, Etc., Article 2 (1) 1 of the Criminal Act, Article 260 (1) of the Criminal Act (the point of joint assault and the selection of fines) of the relevant Act on criminal facts;

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

1. The former Criminal Act No. 12575, May 14, 2014.