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(영문) 서울남부지방법원 2016.12.14 2016고정1644
업무방해등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a taxi guest, the victim B (55 years old) is a taxi driver, and the victim C (36 years old) is a police officer.

1. On March 9, 2016, around 03:30 on March 9, 2016, the Defendant obstructed the victim B’s taxi business by taking the back seat of the taxi vehicle operated by the victim B in the front of Gangseo-gu Seoul Metropolitan Government D, and taking the destination, such as “the hump wump”, etc., for the victim’s questioning. However, the Defendant obstructed the victim B’s taxi business by force for about 15 minutes, such as continuing to hump without hearing.

2. In a situation where there are several persons, such as a taxi engineer, etc. under the above paragraph (1), when the victim C, a police officer belonging to the Seoul Gangseo Police Station E-gu, who was dispatched after receiving a report on the same contents as the above paragraph (1), requested the victim C to return home, the Defendant publicly insultingd the victim C, such as “the governance, she must come to the police, and NA must go to the police.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes to the statement statement B and C

1. Relevant legal provisions concerning facts constituting an offense, Articles 314 (1) and 311 of the Criminal Act (a point of interference with business), the selection of fines, and the selection of fines;

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

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;

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