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(영문) 서울북부지방법원 2020.04.08 2019고단5695
업무방해등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 100,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On November 17, 2019, at around 01:50, the Defendant interfered with the business of the Defendant: (a) was boarding a C taxi operated by the victim B prior to the details of smoke located in the Eunpyeong-gu Seoul Metropolitan Government (Seoul), and arrived at the front of the “E store located in the Junggu Seoul Metropolitan Government, which is a destination of 02:25 on the same day; (b) was demanded to pay taxi expenses from the said victim; (c) did not pay taxi expenses; and (d) took a bath to the said victim without paying the taxi expenses; and (d) obstructed the said victim’s taxi business by force for about 25 minutes, such as spiting down down down the taxi on the back seat of the said taxi and walking off the back of the taxi.

2. At around 02:51 on November 17, 2019, the Defendant received a report on “E” in front of the said “E” and obstructed police officers’ legitimate execution of duties concerning the handling of the 112 reported case by assaulting the said G by assaulting the said G by assaulting the said G, such as: (a) paying the taxi fee and returning home at the site on several occasions; (b) failing to comply; and (c) going out of the site; and (d) going out of the said G, the Defendant would go back to the site; and (c) going out of the said site; and (d) by doing so, the Defendant interfered with police officers’ legitimate performance of duties regarding the handling of the 112 reported case.

3. The Defendant violated the Punishment of Minor Offenses Act, as described in paragraph (1), used a taxi for business use operated by the victim B, but did not pay 27,800 won of the taxi fee without justifiable grounds.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Protocol of the police statement concerning G;

1. B written statements;

1. Application of Acts and subordinate statutes by cutting a receipt, a taxi photograph, a 112 reported case processing slip, a black scambling;

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business, Selection of Imprisonment), Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties, Selection of Imprisonment), Article 3 (3) 39 (the Punishment of Minor Offenses) of the Punishment of Minor Offenses Act;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and 3 of the Criminal Act, and Article 50 of the same Act.

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