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(영문) 부산지방법원 서부지원 2018.06.12 2018고정309

업무방해등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On September 16, 2017, at around 02:00, the Defendant: (a) presented a physical card for the payment of charges to the victim C, who is a taxi engineer, on the front side of Busan Northern-gu, Busan-gu; (b) however, the Defendant refused approval and demanded the victim to pay the fees by other means of payment. The Defendant interfered with the victim’s taxi business by avoiding the disturbance for about 30 minutes, including 50 minutes, for instance, i.e., e., e., “a bit card is not available; and (c) a bitch bitch 112 report is filed on the earth.”

Accordingly, the defendant interfered with the victim's non-business related to taxi business by force.

2. On September 16, 2017, the Defendant violated the Punishment of Minor Offenses Act: (a) around 02:43, on September 16, 2017, within the Busan Northern Police Station E zone located in Busan Northern District, and (b) around 112, 119, while under the influence of alcohol, reported to the media on about 42 occasions.

“Hambly Hambly F with the cellular phone, the face of F, etc. in the process of suppressing it, shall be taken with the cell phone, and “Wem F shall retire or ben’t.”

For about 40 minutes, “the government performed an act of disturbance cancellation at the government office by avoiding disturbance.”

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on taxi expense receipts;

1. Relevant provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 3(3)1 of the Punishment of Minor Offenses Act (the point of violation of the Punishment of Minor Offenses Act), and selection of fines, respectively, for the crimes;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.