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(영문) 울산지방법원 2017.06.19 2017고단1662
업무방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 29, 2017, the Defendant obstructed the victim’s taxi business by force for about 20 minutes, such as boarding the victim’s E-si located in Ulsan-gun, Ulsan-gun, Seoul-gun, and boarding the said taxi to F in front of the south-gu, Ulsan-si, at the Defendant’s request, prior to the “C” restaurant located in Seoul-gun, Seoul-gun, and taking the said taxi at the Defendant’s request. The Defendant interfered with the victim’s taxi business by force for about 20 minutes, such as taking the victim’s bath at the large interest in the place,

2. The Defendant, while refusing to set off the taxi as above at the time and place specified in paragraph 1, destroyed a taxi to cover KRW 330,00 of its repair cost by walking the front glass of the taxi owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the written estimate statutes;

1. Article 314 (1) and Article 366 of the Criminal Act concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act has been already punished several times for the same type of crime, but in consideration of various circumstances shown in the pleadings, such as agreement with victims, details of the crime, and attitude of reflectivity, etc., the scope of the sentencing criteria shall be reduced and the scope of the suspension of execution shall be selected within the scope of the punishment guidelines, and the area of mitigation of damage to property, which shall be mitigated from punishment.

1. Although the Defendant asserts to the effect that he was in a state of mental and physical weakness at the time of committing the instant crime, he/she does not accept such assertion in light of the various circumstances shown in the records and arguments.

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