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(영문) 제주지방법원 2016.08.24 2016고단881
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 16, 2016, the Defendant interfering with his/her duties: (a) was on board a taxi for business use operated by the victim B on April 16, 2016, and arrived at the 201 Dong-gu, Jeju-si, Nowon-gu, Nowon-gu, Seoul-gu, the purpose of which is 03:30; and (b) the Defendant would not pay taxi expenses to B requesting the payment of taxi expenses.

As a result of large noise, the victim was unable to drive the taxi in the taxi, thereby obstructing the victim's taxi operation by force.

2. On April 16, 2016, around 03:35, at the place indicated in paragraph 1, the Defendant: (a) heard that “the Defendant had a taxi passenger and a trial passenger” returned to her country after receiving a report by 112; and (b) heard that she would return to her country a taxi fee from the chill E belonging to the seat of the Jeju District Police Station D, Seo-gu, Seo-gu, Jeju who called “I will not pay her taxi fee” and interfere with legitimate performance of duties concerning the maintenance of police officers’ order and the prevention of crimes by putting the left face of the above E on one occasion.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the respective Acts and subordinate statutes in B;

1. Relevant legal provisions and the choice of punishment for a crime: Article 314(1) of the Criminal Act (the point of interference with business) and Article 136(1) of the Criminal Act (the point of interference with the performance of public duties). Selection of imprisonment with prison labor for each type;

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

1. Suspension of execution: The basic area that interferes with the reasons for sentencing under Article 62 (1) of the Criminal Act (within the scope of the recommended sentencing criteria): June -1st and June: the Class 1 of the interference with the execution of official duties in June - and the basic area: June -1st and April: The processing of multiple crimes: the circumstances that are favorable for six months and February -2 months: the absence of any previous conviction or higher for the same kind of criminal records (fast, violence, disturbance of duties, etc.); and

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