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(영문) 서울북부지방법원 2017.02.14 2016고단5378
업무방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On October 7, 2016, around 01:50 on October 7, 2016, the Defendant: (a) was aware that the victim B had a light on the crosswalk at the crosswalk 26, 1Ra-ro, Nowon-gu, Seoul Special Metropolitan City Nowon-gu; and (b) was equipped with the bicycle in front of the taxi that the victim is driving.

(1) The 20 minutes of the disturbance, such as taking a bath, and opening a door to the taxi driver’s seat, interfered with the victim’s taxi operation by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against B;

1. B written statements;

1. Video photographs;

1. Application of Acts and subordinate statutes to a report on investigation (report on additional viewing of black stay images);

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

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment by law: A fine not exceeding 15 million won;

2. Scope of recommended sentences on the sentencing criteria: The sentencing criteria shall not apply in excess of the choice of fines; and

3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:

The favorable circumstances: (a) the Defendant took the victim into consideration as a taxi driver with the face of ring the face to himself/herself; (b) even if the victim was a cab driver with the face of his/her face, the crime of this case is considerably poor; (c) the victim wants to be punished; (d) the Defendant was sentenced to imprisonment with prison labor for property damage at the Seoul Northern District Court on February 13, 2015 and completed the execution of the sentence on December 26, 2015; and (e) the period of repeated crime at the time of the instant crime is being committed.

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