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(영문) 인천지방법원 2015.09.03 2015고단4222
업무방해
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On April 1, 2015, the Defendant was sentenced to 8 months of imprisonment with labor at the Incheon District Court for the crime of interference with business, etc., and the judgment became final and conclusive on June 19, 2015.

At around 22:40 on March 27, 2015, the Defendant: (a) expressed a desire to pay taxi charges to the victim requesting the payment of the taxi charges in front of the Seo-gu Incheon Metropolitan Mar. 27, 2015, following the victim’s arrival at the destination after getting a D taxi operated by the victim C; (b) the Defendant continued to report to the police by the victim on the following: (c) without bringing the victim’s defect from the taxi, “I will see that I will am, I will am dead, I will am dead, I will am dead, I will am dead, I will am dead, I will am dead, and will am dead, and interfere with the victim’s business for about 30 minutes by force.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Previous records of judgment: Criminal records, investigation reports (Attachment to the previous records of the same offense, etc.), previous records of disposition and results of confirmation, and application of Acts and subordinate statutes;

1. Relevant Article 314 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The fact that there is no agreement with the victim on the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the fact that there is a criminal record of a sentence once a suspended sentence (including three times the same kind of punishment), one time a suspended sentence, and 11 times a fine (including three times the same kind of punishment), the fact that the crime is recognized and reflected, and other punishment as ordered, shall be determined by taking into account equity with the case that was sentenced simultaneously with the final and conclusive judgment in the judgment, degree of damage, Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime, etc.

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