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(영문) 서울남부지방법원 2017.06.21 2017고단1263
업무방해등
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

Punishment of the crime

1. On February 12, 2017, at around 23:00 on February 12, 2017, the Defendant interfered with the business, boarding a cab operated by the victim B in front of the light-distance market in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, Seoul, at the time of arrival of the destination, “ whatever is”.

In concluding that it is not possible to get off the taxi, it did not get off the taxi by refusing to pay KRW 7,800 for the taxi fee, and did not get off the taxi. The victim's taxi business interfered with the victim's taxi business by force for about 30 minutes, such as when the police officer was dispatched while the victim was reported to the police.

2. On February 12, 2017, the Defendant: (a) was requested to return home on the roads 287-1, and 112 reported on the roads, Geumcheon-gu, Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, Geumcheondong, Geumcheon-gu, Seoul, the Seoul Geumcheon Police Station D police station, to return home after paying the taxi fare from E; (b) but refused to return to E.

The police shall be superior to the police.

씨 발 놈. 개새끼” 등의 욕설을 하며 택시기사 B을 때렸고, 피고인을 현행범인 체포하려는 E의 얼굴을 주먹으로 때리고, 이마로 E의 얼굴을 들이받았으며, 발로 E의 턱 부위를 찼다.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers who perform the 112 reporting processing work.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for B and E;

1. A investigative report (CCTV image analysis);

1. 112 Application of Acts and subordinate statutes to the details of handling reported cases;

1. Article 314 (1) of the Criminal Act (the point of interference with business) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

1. Each selective fine for punishment;

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

1. In light of the fact that the crime of sentencing under Article 334(1) of the Criminal Procedure Act is closely against the reason for the provisional payment order, the fact that there is no record of criminal punishment for violent crime, the victim B does not want the punishment, and the living environment, etc.

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