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(영문) 서울동부지방법원 2014.09.04 2014고단1794
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 6, 2014, at around 01:20, the Defendant was boarding a D taxi operated by the victim C in the vicinity of the 8mal Station of the Seoul subway Station of the Seoul subway Station of the Gangdong-gu Seoul Metropolitan Government, and around 01:40 on the same day, the Defendant did not pay KRW 6,840, while arriving in front of the 5malian Station of the Seoul subway located in Gwangjin-gu, Seoul, Seoul, Seoul, at around 01:40 on the same day, and without paying KRW 6,840, the Defendant did not pay the taxi fee to the victim, “I have no money, I have no money, I have to do so,” and the victim did not leave the said taxi for about 10 minutes

Accordingly, the Defendant interfered with the victim's taxi business by force.

2. At around 01:50 on June 6, 2014, the Defendant expressed that he would be urged to pay a taxi fee from the police officer F of the Seoul Mine Police Station E District, who belongs to the Seoul Minejin Police Station E District, who was dispatched after receiving 112 a report, and would take the cell phone used by the said G on the seeds floor, and expressed that he “Iskh and skhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on handling reports and maintaining order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of each statute to G and F;

1. Articles 314 (1) and 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] The lower limit of the sentencing criteria is not set for the obstruction of performance of official duties and the obstruction of business with respect to the relation of concurrent crimes under the former part of Article 37 of the Criminal Act with the basic area (6-1-4 months).

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