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(영문) 대구지방법원 2016.05.04 2016고정132
업무방해
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 22, 2015, the Defendant: (a) 20:0 on September 2, 2015, 2015, the Defendant: (b) took a drunk on the bus 18-ro 5-lane in the Dong-gu, Daegu-gu, Daegu-ro, and obstructed the operation of the bus by force for about 20 minutes by force on the ground that, while the Defendant was under the influence of the victim C (30 years of age) prior to the bus at the bus stops, female passengers who are seated front of the window in front of the seat at the destination, who are at the destination, board the window, and have been seated for the destination. The Defendant considered it as follows: (c) “Islehh; (d) I do not have any female woman who is not the mother; and (d) Isn't have any other female passengers who are seated at the back of the bus; and (d) 20 passengers in the bus are moving to another bus, thereby obstructing the operation of the bus by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to a report on investigation (the details of receipt and arrest of a flagrant offender), investigation report (F telephone investigation of a shot person) and investigation report;

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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant alleged that he did not directly force the bus drivers of this case, such as that he had a great sound to the bus drivers of this case, and that he did not interfere with the duties of the bus drivers of this case since he did not dispute with the bus drivers of this case with an adequate size voice.

The argument is asserted.

2. Determination

A. The term “power of force” of the crime of interference with business refers to all force that may suppress and confuse a person’s free will, without asking whether it is tangible or intangible, and in reality, it does not require a suppression of the victim’s free will. However, it refers to the actual force sufficient to suppress the victim’s free will in light of the offender’s status, number of persons, surrounding circumstances, etc., and thus, constitutes force is the date and time of the crime.

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