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(영문) 광주지방법원 2020.11.04 2020고정507
업무방해
Text

Defendant

Punishment for A shall be determined by fine of KRW 700,00 and fine of KRW 500,00 for Defendant B.

Reasons

Punishment of the crime

On March 13, 2020, at around 22:43, the Defendants: (a) boarded into the D taxi of the injured party C (Seoul and the age of 45) under the influence of alcohol in the Han Yan-gu 22:43, 202; (b) arrived at the entrance of Gwangju North-gu E apartment, the destination of which is at around 22:48, for the same day.

1. On March 13, 2020, at the entrance of the defendant A around 22:48, 2020, the victim heard the dialogue between himself and B, and the victim "Yhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

2. Defendant B, at the time and place specified in the foregoing paragraph (1), assaulted the victim by taking the victim’s face who was seated at the driver’s seat on one occasion when A demands the victim to take a bath and leave the taxi on the back of the taxi.

Summary of Evidence

1. Defendant A’s legal statement

1. C’s legal statement;

1. Statement to C by the police;

1. The fact that, at the time of the damage, the victim’s statement in C’s court and investigative agency made a report immediately after the victim called “the victim’s face” as at the time of the damage, it can be acknowledged that the victim was also a police officer when making a report immediately after the victim called “the victim’s face” as at the time of the damage, and the corresponding statement in C’s court and investigative agency are believed to be consistent with the main part, and thus, according to the above evidence, it can be acknowledged that Defendant B was the victim’s face at one time.

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 314(1) of the Criminal Act;

B. Defendant B: Article 260 of the Criminal Act.

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