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(영문) 서울남부지방법원 2021.03.24 2020고정2063
업무방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On October 24, 2020, from around 00:45 to 01:05 on the same day, the Defendant: (a) boarded the Plaintiff into the Guro-gu Seoul Metropolitan City B Market; (b) D taxi operated by the victim C (the remaining and 71 years old); (c) but (d) on the ground that the victim said that “Seoul si would not go to Gyeonggi-do because it would cause another si to use it,” the Defendant interfered with the victim’s business by force for approximately 20 minutes by leaving the si back seat of the si and leaving the si in the si and leaving the si, thereby obstructing the victim’s business by force.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. Application of Acts and subordinate statutes to a report on investigation (related to the verification of taxi booms images);

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the Defendant was physically and mentally in a state of mental weakness due to symptoms of loss of short-term memory by taking the mentally and physically a weak mind at the time of committing the crime; however, in light of the behavior of the Defendant committed at the time and the fact that the name was written in a written confirmation at the time of arresting a flagrant offender, etc., the Defendant lacks the ability to discern things or make decisions.

The defendant's assertion shall not be accepted and therefore shall not be accepted.

It is so decided as per Disposition for the above reasons.

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