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(영문) 서울동부지방법원 2018.06.08 2018고단871

업무방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

On February 8, 2018, at around 12:55, the Defendant: (a) boarded a D community bus under the influence of alcohol at a location of D community bus operated by the injured party C (49 years of age) at the bus stop in front of the Godong-dong, Gangdong-gu, Seoul; and (b) expressed the victim’s desire to “the same bit of bitch bitch bitch bitch bitch bitch bitch bitch bitch 131 (Ambrop son-dong), until the bus is front of the same Goderoro-ro 131 (Ambro bit), and continuously avoided a disturbance for five minutes, such as putting off a bitch bitch to customers within the bus, bringing

Accordingly, the defendant interfered with the bus operation of the injured party by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. CCTV of village buses;

1. Application of Acts and subordinate statutes to a report on investigation (report on CCTV viewing in buses);

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The fact that there are many criminal records of the same kind of crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, and that another crime is committed again during the period of repeated crime, is disadvantageous to the defendant.

However, the circumstances favorable to the defendant include: (a) the fact that the defendant recognized the crime and reflects his mistake; (b) the victim paid a certain amount of agreement to pay to the victim; and (c) the victim agreed to give the defendant a preference to the defendant; and (d) the fact that the defendant was not able to exercise his excessive violence at the time of the crime of this case.

In addition, the defendant's age, sexual conduct, motive and circumstance of the crime, means and result of the crime, circumstances after the crime, the defendant's living is responsible for the old and minor children, etc. shall be comprehensively considered, and the punishment shall be determined like the order, by comprehensively taking into account various sentencing factors specified in the records and theories of this case.