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(영문) 서울동부지방법원 2014.07.17 2014고단658
업무방해등
Text

A defendant shall be punished by imprisonment for four 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. Around 02:40 on March 22, 2014, the Defendant obstructed the victim’s taxi business for about 60 minutes, including: (a) getting in a D-ro taxi operated by the victim C in front of the long-distance railway station located in Dobong-gu Seoul Metropolitan Government, Dobong-gu, Seoul, at around 03:00 on the same day after having arrived at the long-distance railway station located in Gangdong-gu Seoul, Gangdong-gu, Seoul, a destination for the same day; and (b) the victim demanded a taxi fee, thereby demanding a taxi fee, thereby interfering with the victim’s taxi business for about 60 minutes.

2. As above, even if the victim C uses a taxi operated by the victim C, the Defendant deceptioned the victim as if he did not have the intent or ability to pay the said taxi fee, and had the victim operate the said taxi to the above-road distance, which is the destination, and did not pay 31,240 won to the victim’s pecuniary advantage.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on taxi receipts;

1. Article 347 (1) and Article 314 (1) of the Criminal Act applicable to the facts constituting an offense;

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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of sentence recommended by the sentencing guidelines [decision of type] fraud, general fraud (less than KRW 100 million] [Determination of the recommended area] mitigation area (damage recovery), - one year;

2. In light of the fact that the Defendant committed each of the instant crimes even though he/she had the history of repeatedly committing the same kind of crime in the state of his/her taking advantage of the fact that he/she committed the instant crimes, it is necessary to strictly punish the Defendant. However, the Defendant reflects his/her mistake in depth, agrees with the victim, there is no record of punishment exceeding the fine, and other age of the Defendant.

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