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(영문) 서울북부지방법원 2016.12.15 2016고단4047
업무방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On June 23, 2016, at around 00:50, the Defendant: (a) was boarding a F taxi operated by the victim E (58 years of age) at the front of the Da located in Jung-gu Seoul Metropolitan Government, and arrived at the destination; (b) took a bath to the victim who string the Defendant’s locking of the Defendant, i.e., e., e., e., “c., f., h., h., h., h., h., h., k., k., k., k., k., k., k., k., k., k., k., k., k.

2. The Defendant interfered with business, at the time, at the place, and at the time, at the victim E’s destination after boarding a F taxi operated by the victim E and arriving at the destination, obstructed the victim’s taxi business for about 30 minutes by force, such as: (a) the victim did not pay the fare of the taxi operated by the victim; (b) the victim assaulted the victim as stated in the foregoing paragraph 1; and (c) the victim expressed his desire to “the bitch son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son, and collected money on the street.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of statutes on site photographs;

1. Relevant Article 260(1) of the Criminal Act, Article 314(1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. Standard for sentencing grounds under Article 62 (1) of the Criminal Act for suspended sentence;

(a) Interference with business (Scope of recommendations) and interference with business: Basic area (referring to June to June);

B. The scope of final sentence due to the aggravation of multiple offenses in the basic area (two to one month) of category 1 (general assault) (two to one month): the sentence of six months to one year (one year).

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