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(영문) 서울중앙지방법원 2013.09.04 2013고정2494
업무방해등
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around 01:30 on December 15, 2012, the Defendant obstructed the victim’s duty to operate the taxi by force by failing to leave the taxi for about 50 minutes from around 02:20 of the same day on the ground that the victim was unable to move away from the taxi, although he/she was driven by the victim C prior to his/her departure from the new-dong Station No. 5, Gangnam-gu, Seoul, Seoul. However, he/she obstructed the victim’s duty to operate the taxi by force on the ground that the victim was unable to move away from the taxi.

2. The Defendant committed assaulting the police officers, who were police officers belonging to the Seoul Gangnam Police Station, who received a report of 112 at the time and place specified in paragraph (1) of this Article, to take care of the Defendant in order to arrest the Defendant as an offender in the crime of interference with business, such as assaulting the Defendant by taking a bath to the police officers of the defect that he tried to arrest the Defendant as an offender in the crime of interference with business, 3 to 4 times, 1 to 2 times, 1 to 2 times, etc.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reports by police officers and the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of fines for the crime;

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

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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