(영문) 서울남부지방법원 2019.05.24 2019고단1316

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(영문) 서울남부지방법원 2019.05.24 2019고단1316

업무방해

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On March 14, 2019, around 23:35, the Defendant was demanded to leave the taxi operated by the injured party B (the age of 51) on the roads near the Seodaemun Park located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul, at around 66, around the 23:41st day, to arrive at the roads near Yeongdeungpo-gu Seoul Metropolitan City, a destination, and to leave the taxi from the injured party.

Accordingly, the Defendant rejected the Defendant’s 20 minutes of driving the said taxi on the ground that the Defendant did not go to her even though the victim operated the said taxi on the erroneous route, and the Defendant did not go to her to see why she was seated on the top of the said taxi, and that he did not go to her again, and the police officers dispatched after receiving the Defendant’s daily driving and the 112 report, but did not get the Defendant out of the said taxi, thereby making the said police officers forced the Defendant not to drive the said taxi for about 20 minutes until she moved the Defendant out of the said taxi.

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

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of each statute on photographs;

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order had been sentenced to a fine of the same kind twice as the sentencing reason, the sentence shall be determined as ordered by taking full account of the following circumstances: (a) the Defendant’s age, character and conduct, environment, relationship to the victim, motive, means and consequence of the crime; and (b) the sentencing conditions appearing in the records and arguments, including the circumstances after the crime, etc.

참조조문

유사 판례

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