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(영문) 서울남부지방법원 2017.09.15 2017고단2399
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

(b) the defendant;

Reasons

Punishment of the crime

1. On April 6, 2016, the Defendant: (a) requested the victim C, a taxi engineer, to pay KRW 25,000 from the latter part of the Guro-gu Seoul Metropolitan Government 4-dong apartment, Guro-gu, Seoul, to pay the taxi fare of KRW 25,00,00; (b) the Defendant: (c) expressed the victim at a large interest; and (d) caused the victim to be unable to drive the taxi for about 30 minutes by avoiding the disturbance without paying the fare.

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

2. The Defendant who interfered with the performance of official duties at the above date, at the above place, did not pay the above charges to the police official E, the police official belonging to the Seoul Police Station D District Police Station, who was called out after receiving 112 reports on the problem of the above taxi charges, and did not pay the above charges for about about 30 minutes, and paid the charges to the Defendant’s office.

In addition, while paying trial expenses for the actions of E accompanying the house to the house, the chest part of E was 1 time by bad hand, and the E was assaulted by tight hand by fasting the breast part of E.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers for 112 report handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of the police for E (Interference with the execution of public duties);

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes in a written statement;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314 (1) of the Criminal Act (the point of obstructing duties) and the choice of imprisonment with prison labor for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

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