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(영문) 의정부지방법원 2018.10.10 2018고단2950
업무방해등
Text

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

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

Reasons

Punishment of the crime

1. On April 29, 2018, the Defendant: (a) 03:20 on the southyang-si located in C, and did not immediately return to the Defendant after having used a personal E-si in the operation of the victim D; and (b) expressed the victim’s desire to do so without any justifiable reason; (c) opened a string door door door door door door door door door door door door door door door door door door door door door door door door door of the victim who intends to move to the place and obstructed the victim’s operation of the taxi by force by preventing the victim from driving the taxi.

2. The Defendant returned home on the same day on the grounds of the foregoing No. 1.41 on the same day, and returned home on the same day, and thereafter, “the Defendant lost 80,000 won in taxi.”

"A false report was made to the police station."

3. 피고인은 같은 날 03:50 경 같은 장소에서 어머니와 친동생, 피해자가 지켜보는 가운데 112 신고를 받고 출동한 남양주 경찰서 F 지구대 경위인 피해자 G, 순경인 피해자 H에게 " 씨 발 새끼들 아, 개새끼들 아 너희 가, 씨 발 동네에서 조용히 하라고, 씹쌔 끼들 너희 뭐야 "라고 계속 욕설하여 공연히 피해자들을 모욕하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each statement of G and H;

1. Each complaint;

1. Application of Acts and subordinate statutes to a investigation report (the results of analysis of the taxi boom image and the transcript of a false report);

1. Article 314 (1) of the Criminal Act (the point of interference with business), Article 311 of the Criminal Act (the point of insult), and Article 3 (3) 2 of the Punishment of Minor Offenses Act (the point of false report) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (the reason for sentencing is to be applied by the choice of a penalty) of the Criminal Procedure Act, despite the fact that the defendant had been punished several times for the same kind of crime, the defendant again committed the crime of this case, and the special property damage is particularly caused.

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