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(영문) 서울동부지방법원 2014.06.11 2014고단1046
업무방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On April 4, 2014, the Defendant interfered with business, around 12:24, the Songpa-gu Seoul Songpa-ro 123-ro, Songpa-gu, Songpa-gu, Seoul, prevented the Defendant from operating a taxi for about 35 minutes by opening the back gate and laying the bridge out of the taxi, after having taken a window by getting in a private taxi operated by the victim B, and putting the hand out of the taxi, and putting the hand out of the taxi, and putting it out from the victim’s hump to check it out.

Accordingly, the defendant interfered with the victim's taxi business by force.

2. At around 13:40 on April 4, 2014, the Defendant: (a) was arrested at the E District District of the Seoul Songpa-gu Seoul Songpa-gu Seoul Metropolitan Police Station as criminal facts under paragraph (1) and was subject to removal from F in the circumstances where he was affiliated with the Defendant; (b) the Defendant spit away soil and sand from the Defendant’s face by intentionally inserting them into the Defendant’s drafting.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to global guard service.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written statement;

1. Application of statutes to photographs of victimized police officers;

1. Relevant Articles 314(1) and 136(1) of the Criminal Act and the choice of punishment for the crime; the choice of imprisonment with prison labor;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., reflective provisions of Article 62 (1) of the Criminal Act, the agreement with victim B

1. Social service order under Article 62-2 of the Criminal Act;

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