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(영문) 서울동부지방법원 2019.02.20 2018고단3759
업무방해등
Text

Defendant shall be punished by a fine not exceeding 2.5 million won.

When the accused does not pay a fine, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

1. On August 26, 2018, at around 03:50, the Defendant obstructed the victim’s taxi business by force for about 20 minutes, including: (a) the Defendant, on the grounds that the Defendant did not leave a taxi on the front side of Gangdong-gu Seoul Metropolitan Government (the age of 60) and did not have arrived at the destination, and did not leave the taxi as soon as possible; and (b) the Defendant was unable to start the taxi even after the arrival of the police officer dispatched after receiving a report from the victim, and obstructed the victim’s taxi business by force, such as leaving the taxi on the part of the victim’s body.

2. The Defendant informed the Defendant that the police officer E (the age of 56) affiliated with the Seoul Gangseo-dong Police Station Down Police Station, who called out after receiving 112 a report, could be punished for interfering with the duty of taxi drivers, at the above date, time and place of the obstruction of performance of official duties, and at the same time and place of the same time and place, “I will see that I will see that I will see that I will see that I will see that I will be punished for interference with the duty of taxi drivers.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C and E respective written statement Acts and subordinate statutes

1. Penalty provisions: Article 314 (1) and 136 (1) of the Criminal Act. Article 316 (Selection of Each Fines);

1. Concurrent crimes: the former part of Article 37 and Article 38 of the Criminal Act;

1. Detention in a workhouse: The following shall be taken into account: (a) the degree and circumstances of the entire case subject to the sentencing of Articles 70(1) and 69(2) of the Criminal Act; (b) the compensation to the victim interfering with his/her duties; (c) the deposit for the victimized police officer; and (d) the deposit for

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