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(영문) 광주지방법원 2015.07.15 2015고단1698
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

1. On March 31, 2015, at around 23:18, the Defendant obstructed the victim’s taxi driving service by force by avoiding disturbance for about 10 minutes, such as the Defendant, at around 23:18, in front of the “C convenience store” located in the Gwangju Mine-gu, Gwangju, without any justifiable reason, obstructed the victim’s “E” taxi in front of the victim D (the age of 41) drive without any justifiable reason.

2. The Defendant, at the above date, at the above time, destroyed the instant taxi in which approximately KRW 679,292 of the cost of repairing the said taxi owned by the Defendant’s unlimited transport company by cutting off the taxi and the string of cabs from several times, as seen above, and thereby damaged the said taxi.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on internal investigation (as to attachment of photographs of damaged vehicles)

1. Application of the written estimate statutes;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business, Selection of Imprisonment), and Article 366 of the Criminal Act (the point of destroying and damaging property and the choice of imprisonment);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of the criminal history of the defendant, the background of the crime in this case, the fact that the victim does not want the punishment of the defendant, the family relationship,

1. Probation and community service order under Article 62-2 of the Criminal Act;

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