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(영문) 수원지방법원 성남지원 2018.08.24 2018고단1229
업무방해등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant, around 08:55 on March 10, 2018, was involved in the victim B(49 years of age) in front of the second apartment of 375 Dopo-ro 375 Dopo-ro 202, the second apartment of 202 Dopo-si in Gwangju-si, the Defendant was seated on the back of the top of the C-si Dopo-si 202 Dopo-si 201, and the Defendant was “sexual assault” against the Defendant to receive the charge.

“In the way of assaulting the victim,” the victim could not operate the victim’s taxi for about 2 hours and 40 minutes until the police in receipt of a report arrives at the site, thereby interfering with the victim’s taxi operation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Application of Acts and subordinate statutes to a report on investigation (the details of the perusal of a taxi track) (related to attachment of a taxi track image) and a report on internal investigation (related to attachment of a taxi track image);

1. Article 314 (1) of the Criminal Act and Article 314 of the same Act concerning the crime, the selection of fines;

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

1. The degree of interference with the business in the judgment of the reason for sentencing under Article 334(1) of the Criminal Procedure Act is very serious;

Although it is difficult to see that the act of the defendant is very good that causes a big risk, such as criminal punishment, and the victim is actually aware of the suspicion of assault, etc. and was investigated.

However, the punishment is determined as ordered by actively considering the fact that the defendant is the first offender, the confession of the crime of this case, and the fact that the victim expressed his intention not to punish by agreement with the victim.

Rejection of Public Prosecution

1. On March 10, 2018, the Defendant: (a) around 08:55 of the facts charged, in front of the second apartment house 202, the victim B (39 years old) was seated on the top of the top of the 375 Bapo-ro, Mapo-si, Mapo-si, Mapo-si, Gwangju-si; and (b) the victim B (49 years old); and (c) the victim was divingd.

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