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(영문) 울산지방법원 2017.09.14 2017고단2672

업무방해등

Text

A defendant shall be punished by imprisonment for not less than five months.

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On March 17, 2008, the Defendant received a summary order of KRW 1 million from the Ulsan District Court on the grounds of property damage, etc., and a summary order of KRW 700,000,000 from the same court on April 26, 2010, respectively, due to an injury, etc., six times in total.

[Criminal Facts]

1. Around 03:20 on June 9, 2017, the Defendant: (a) heard the phrase “a person who was to go into North Korea,” without disclosing an accurate destination while drunkly in the vicinity of the central elementary station located in Yangyang-si, Yangyang-si; (b) sought the phrase “a person who was to go into North Korea,” after having arrived at the seat of the C-si and having been driving by the victim B (55 years old); and (c) refused the victim to go into the seat of “a person who was suffering from North Korea,” such as “a person who was going to go into Korea,” and (d) refused the victim’s taking a bath, such as “a person who was going to go into Korea,” and continued to move to the E box located in Chungcheongnam-si, Yangyang-si, Chungcheongnam-si, Busan-si, and then interfere with the victim’s business by force, such as continuing to take a bath and refusing to get out of the taxi.

2. The Defendant’s insult around 03:40 on June 09, 2017, before the police box above E, the Defendant calculated taxi expenses and recommended the Defendant to return home, on the same page as the taxi engineer B under paragraph 1, to the assistant F of the Yangsan Police Station E commander of the Busan Police Station, which recommended the Defendant to return home.

The victim publicly insultingd the victim by “,” and “, .............”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to B and F;

1. Relevant Article 314(1) of the Criminal Act (the point of interference with business), Article 311 of the Criminal Act (the point of insult) and the choice of imprisonment with prison labor for the crime;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act, namely, taking a bath against taxi drivers and refusing to leave the taxi.