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(영문) 서울북부지방법원 2016.09.28 2016고단2382
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

[criminal history] On January 28, 2011, the Defendant was sentenced to three years of imprisonment for a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) at the Seoul Northern District Court (Seoul Northern District Court) and completed the execution of the sentence at the Sungsung Vocational Training Prison on October 9, 2013.

[2] On June 5, 2016, from around 15:00 to around 15:10 on the same day, the Defendant obstructed the operation of the bus by force by allowing the injured party to get off about 10 passengers on the bus, by blocking the operation of the above bus, such as blocking the front side of the bus waiting to the left-hand turn at the right-hand signal, and not getting out of the bus, on the ground that the F bus No. 130 driven by the victim D (50 aged) from the front side of the Seoul Northern-gu Seoul Northern-gu (hereinafter referred to as the "50") started without carrying himself/herself.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (Attachment of bus booms and video images), a bus booms image photograph;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (verification of the fact that the person is a repeated offender);

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 35 of the Criminal Act for aggravated repeated crimes;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 50,000 to 30 million won;

2. The fact that a repeated crime is committed during the period of a repeated crime to be sentenced is unfavorable.

On the other hand, the fact that it is a crime that driving away from a bus is a crime that has been committed by a driver, and that the time of interference with business has not gone beyond the limit is favorable.

In the above circumstances, the sentencing conditions, such as the defendant's age, sex, environment, etc., shall be determined as per the order.

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