(영문) 부산지방법원 동부지원 2017.07.13 2017고단1101

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(영문) 부산지방법원 동부지원 2017.07.13 2017고단1101

업무방해

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 9, 2017, at around 10:20, the Defendant: (a) boarded the victim D (E) on the front of the C pharmacy located in Suwon-gu, Busan, and refused to leave the taxi in the influence of alcohol even after having arrived at the said destination; (b) took a bath to the front of the vehicle, and (c) took a walk, “I will not give any money at the bottom; (d) I will not give any money at the bottom; and (e) I would interfere with the victim’s taxi operation by force, such as refusing to leave the taxi on the front of the C pharmacy located in Suwon-gu, Busan; and (e) I would interfere with the victim’s taxi operation by force upon receiving a request from the police officer dispatched after having received the said victim’s report.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant was sentenced to a suspended sentence of three years on August 19, 2015 due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Busan District Court on the Punishment of Violences, etc. on August 19, 2015 and was sentenced to a suspended sentence of three years on August 27, 2015, and the said judgment became final and conclusive on August 27, 2015, recommitting the Defendant during the suspended sentence, and

However, there are favorable circumstances such as the fact that the defendant recognized the facts charged and seriously reflected in the facts charged, the fact that the defendant agreed smoothly with the victim, and the fact that the defendant seems to have caused contingent crimes under the influence of alcohol.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Fines are selected, and the sentencing criteria are not applicable.

참조조문

유사 판례

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