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(영문) 의정부지방법원 2015.06.09 2015고단452
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. On February 3, 2015, the Defendant was waiting at the bus stops of the government bus terminals of 102-1 at the time of the Government on February 3, 2015 by the victim C who was waiting at the bus stops of the government bus terminals of 102-1 at the time of the Government on February 3, 2015.

The Defendant demanded the victim to leave the taxi by taking the victim's desire without having the destination to leave the taxi. However, the Defendant continued to take a bath and did not leave the taxi for about 30 minutes, thereby preventing the victim from running the taxi business.

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

2. On February 3, 2015, the Defendant and E shared criminal conduct (Obstruction of Performance of Official Duties) committed by the Defendant and E: (a) around 00:35 on February 3, 2015, the Defendant and E met with G and police officers belonging to the police station of the House of the Government Police Station called up to the said place after receiving the report of 112 from C.

When police officers recommended to return home, the Defendant assaulted by exercising the force of force to display a drinking bat upon a taxi and face, and Party E assaulted by bating a fat of G to arrest the Defendant in flagrant offender.

Accordingly, the defendant and E interfered with the legitimate execution of duties concerning the dispatch of police officers 112 and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning G;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant legal provisions concerning criminal facts, Articles 314(1) of the Criminal Act of the choice of punishment (a point of business misconduct), 136(1) and 30 of the Criminal Act (a point of obstruction of performance of official duties), and the choice of fines (a point of view that there is no past record of criminal punishment for violent crimes, an effort was made to recover from damage by remitting 50,000 won to victims C, and that the health of the defendant is not good, etc.);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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