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(영문) 서울남부지방법원 2021.01.20 2020고정1517
업무방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Defendant

A (26) is a passenger of B bus, and the victim C (61 years and South) is a bus driver.

On June 13, 2020, at around 10:19, the Defendant boarded a bus operated by the injured party without wearing a string at the E University bus stops located in Gangseo-gu Seoul Metropolitan Government, and even though the injured party demanded the Defendant to wear a string over several occasions, the Defendant did not have telephone conversations, and the victim stopped at the next bus stops and asked the Defendant to wear a string, and the Defendant was sckinged within the door "a string with the bus driver's seat" at the bus stop stops at the bus stops, which is the next bus stops. The Defendant was scking at the bus driver's license test site at this time, and how it is difficult for the Defendant to wear a string.

At the time of reporting to the police, the defendant's legitimate bus operation operation was hindered by exercising his authority, such as approximately 10 minutes of a bus, by operating the manual opening and closing system after bus, and by forcing it to open the front door which is closed by several times.

Summary of Evidence

1. Application of the police statement protocol statutes to the defendant's legal statement C

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70 (1) and Article 69 (2) of the Criminal Act (including cases where a suspended sentence of a fine is invalidated or revoked and a fine is not paid in accordance with Article 62 (1) of the Criminal Act);

1. The nature of the crime is not good in light of the background of the reasons for sentencing in Article 62-2 of the Criminal Act to observe the protection and observation, the contents, means, and methods of committing the crime.

However, there is a confession of the defendant, and the degree of objective damage is relatively much important.

At the time of this case, the defendant suffered from mental illness such as early illness, and the victim who is a bus engineer is the co-offender at the time of this case.

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