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(영문) 서울남부지방법원 2016.03.23 2015고단1596
업무방해등
Text

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

Reasons

Punishment of the crime

1. On April 19, 2015, the Defendant obstructed the victim’s taxi business by force over 40 minutes, such as taking care of the victim’s taxi at the entrance of Geumcheon-gu Seoul Metropolitan Government Seocho-gu Seoul Metropolitan Government 289, taking advantage of the taxi operated by the victim B, refusing to comply with the request of the victim requesting the discharge, and making Gu soil in the taxi.

2. On April 19, 2015, around 16:50 on April 19, 2015, the Defendant: (a) expressed the victim D (54) who was a security guard belonging to the Geumcheon Police Station C District; (b) tried to arrest the Defendant as an offender in the act of committing a crime; and (c) took the victim’s interest at the right hand over the victim’s right hand over.

As a result, the defendant interfered with the legitimate execution of duties by police officers on arrest of flagrant offenders, and at the same time, he saw the victim to the right side of about two weeks of treatment.

Summary of Evidence

1. A protocol concerning the examination of the suspect of the defendant, and a protocol concerning the examination of the police;

1. Each police statement made with respect to B or D;

1. A general medical certificate;

1. On-site dispatch reports;

1. Application of statutes to photographs of damage situations;

1. Article 314 (1) of the Criminal Act (the point of interference with business), Article 257 (1) of the Criminal Act (the point of injury) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment between the crime of injury and the crime of obstructing the performance of official duties, and the punishment prescribed for the crime of serious injury shall be imposed);

1. Selection of each sentence of imprisonment;

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;

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