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(영문) 서울서부지방법원 2019.01.30 2018고단3895
업무방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 12, 2018, at around 18:18, the Defendant: (a) boarded the victim C on the street in front of the Mapo-gu Seoul Mapo-gu Seoul Complex; (b) provided a bath under the influence of alcohol without notifying the victim’s destination; (c) opened the driver stand in hand the victim was on several occasions; and (d) paid the taxi fee to the police officer who arrived at the scene after receiving the victim’s 112 report; and (e) provided the victim’s 112 report to demand the taxi to leave the taxi and take a bath to the taxi, the Defendant avoided the disturbance for about 20 minutes, and refused to leave the taxi, thereby preventing other customers from boarding the taxi.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to investigation reports (victim C telephone communications);

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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

1. Unfavorable circumstances: A majority of the persons have been punished for the same kind of crime, and repeating a crime without being aware of the fact that they have been under criminal trials for the same kind of crime during the period of repeated crime;

1. The favorable circumstances: The extent of damage is relatively minor, the victim does not want the punishment against the defendant by mutual consent with the victim, and the punishment shall be determined as ordered in consideration of all the sentencing conditions, including the age, character and conduct, and environment of the defendant;

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