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(영문) 대구지방법원 서부지원 2017.09.27 2017고정15
업무방해
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On October 14, 2016, the Defendant: (a) 21:38, on the five-lane road in front of the “D” oil station in Daegu Seo-gu, Daegu-gu; (b) 503 times in front of the five-lane road operated by the injured party E, on the ground that the injured party’s bus f.503, driven by the injured party E, has cut off and raised a light to the string of the G stststy passenger car on the front-class, and stopped on the two-lane, on the side of the above vehicle stopped on the front-lane of the said bus entrance, and (c) expressed the victim’s desire to take a large voice, stating that the vehicle stopped on the front-class, and obstructed the operation of the bus by causing the driver of the said vehicle to stop on the front-round bus, thereby obstructing the operation of the bus by force of the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each police statement made to E and H:

1. In the investigation report (related to CD attachment), the defendant and his defense counsel asserted that the defendant's act in the facts charged was conducted to report the victim's bad driving to the police, and thus, constitutes a legitimate act. However, in light of the circumstances acknowledged by the evidence above, the method and degree of the defendant's interference, and the circumstances of the case, the defendant's act cannot be viewed as a legitimate act, and thus, the defendant's

Application of Statutes

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186 (1) of the Criminal Procedure Act bearing Costs of Trial;

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