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(영문) 수원지방법원 2018.05.24 2018고정772
업무방해등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 24, 2018, at around 01:20, the Defendant: (a) received a report from 112 on the taxi platform in front of the Suwon-si taxi platform located in 924, and used the Defendant’s statement at the Suwon Police Station B (31 tax) of the Suwon-gu Police Station B of the Suwon-gu Police Station B (31 tax) to listen to the Defendant’s statement; and (b) assaulted the Defendant by making the Defendant’s left arms one time.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on police statements made by D and C in each police station;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (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. The portion not guilty under Article 334 (1) of the Criminal Procedure Act, which is the order of provisional payment;

1. Of the facts charged in the instant case, the Defendant interfered with the victim’s operation of the taxi by force by force, such as: (a) from around 01:07 to around 01:20 on February 24, 2018, the Defendant: (b) obstructed the victim’s operation of the taxi on the ground of the passenger taxi platform in front of the Suwon-si taxi platform located in 924 under the Enforcement Decree of Suwon-si, Suwon-si, Suwon-si; (c) obstructed the Plaintiff from taking off the said taxi in front of the defect; and (d) did not turn off the said taxi while taking a cell phone using the mobile phone.

2. The term “power of force” of the crime of interference with judgment refers to all the forces sufficient to suppress and confuse a person’s free will. As such, violence, intimidation, as well as social, economic, political status, and pressure based on the right and interest, etc. are included therein, and in reality, the victim’s free will is not required to be controlled. However, in light of the offender’s status, number of persons, surrounding circumstances, etc., it refers to the force sufficient to suppress the victim’s free will. As such, whether it constitutes force is all the types of force, such as the date and place of the crime, motive, purpose, number of persons involved in the crime, form of force, type of duty, type of duty, and the status of the victim.

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