(영문) 서울서부지방법원 2017.06.15 2017노238

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(영문) 서울서부지방법원 2017.06.15 2017노238

업무방해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, misunderstanding the fact, merely stated that the victim was aware of his refusal to take passengers, and it is difficult to view that he exercised his power. Thus, the Defendant’s act does not constitute an interference with business affairs.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of fact, the defendant demanded the defendant to leave the taxi operated by the victim on the ground that the victim was on board the taxi, and the victim was on board the other customer first, and the defendant demanded the joint passenger and his destination without getting off the taxi even though he was on board the taxi later than the other customer, and the fact that the police officer dispatched upon receiving a report by the victim did not get off the police officer's demand.

In addition, the defendant's refusal to leave the taxi for more than 10 minutes despite the victim's legitimate demand for getting off the taxi is an act that may suppress or cause confusion about the victim's free will that the defendant intended to move to another place or continue to operate the taxi after getting down the taxi.

Therefore, the defendant interfered with the victim's taxi operation by force.

Therefore, this part of the defendant's assertion is rejected.

B. As to the unfair argument of sentencing, the sentence imposed by the court below is too unreasonable, in light of the following: (a) there is no change in the conditions of sentencing after the judgment of the court below; (b) the degree of interference with business; (c) the victim has not been supported by recovering damage; and (d) the conditions of all the sentencing as shown in the records and arguments, including the Defendant’s age, sex, environment, circumstances after the crime

Therefore, we cannot accept this part of the defendant's assertion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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