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(영문) 서울남부지방법원 2019.06.18 2019고단274
업무방해등
Text

Defendants shall be punished by imprisonment for four months.

except that the execution of each of the above punishments shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 21, 2018, at around 21:45, the Defendants, who interfered with their business, boarded a taxi operated by the victim D (the age of 61) from the Handong-dong, Yeongdeungpo-gu, Seoul to the front of Yeongdeungpo-gu, Yeongdeungpo-gu (the age of 61) on the ground that the victim was bypassing, and the victim was a trial cost, and the victim was not able to pay KRW 5,600 to the victim, and there was a 30-minute disturbance.

Accordingly, the Defendants conspired to interfere with the victim's taxi business by force.

2. The Defendants engaged in the obstruction of performance of official duties, at the date, time, and place specified in Paragraph 1, recommended a police officer F to pay a taxi fee and return home to the Defendants after receiving a report of 112 that “the taxi son was sent,” the Defendants committed assault by Defendant B, by hand, on three occasions the chest of F for drinking, while taking a bath to read “the son son”, and Defendant B, who attempted to arrest the Defendant A as a flagrant offender, committed assaulting the son’s son such as F, f, etc., with his hand, and felling and pushed down his clothes.

As a result, the Defendants conspired to interfere with the handling of the 112 reported case by police officers and the lawful execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ legal statement

1. The police statement concerning F;

1. Written statements of D;

1. 112 Reporting case management table;

1. Application of the Acts and subordinate statutes on the part of the assaulter;

1. Relevant Articles and 314(1) and 30 of the Criminal Act, Articles 136(1) and 30 of the Criminal Act, and the choice of imprisonment for the crime

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

1. Defendants of suspended execution: The crime of obstruction of performance of official duties on the grounds of sentencing under Article 62(1) of the Criminal Act is an offense that undermines the function of the State’s legal order and thus requires strict punishment. In light of the degree of violence and the degree of obstruction of duties committed by the Defendants to police officers.

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