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(영문) 서울남부지방법원 2020.05.13 2020고정380
업무방해
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

At around 17:40 on October 19, 2019, the Defendant was trying to board a taxi operated by the victim C on the front side of Geumcheon-gu Seoul Metropolitan Government B apartment, and the Defendant obstructed the victim’s taxi business by force for about 10 minutes by opening a taxi in front of the front line and opening a driver’s seat to drive the taxi on the ground that it was difficult for the passenger who was behind the front line to board the taxi without boarding the taxi.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) include: (a) there are circumstances that may be considered in the motive and background of the instant crime; (b) the time during which the business was obstructed is about ten minutes; and (c) the degree of tangible power exercised at the time of obstruction of business is relatively not much heavy; and (d) other circumstances regarding sentencing prescribed in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, criminal records,

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