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(영문) 창원지방법원 거창지원 2013.12.04 2013고단287
업무방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 04, 2013, at around 00:25, the Defendant boarded the Victim B’s taxi in the Scari distance located in the Scanam Development-gun, Ganam Development-gun, and at around 00:30 on the same day, the Defendant obstructed the victim’s business by force for about 20 minutes by failing to get off the taxi even though he/she arrived at the Ecael located in D located in the Gcanam Development-gun, the destination of which is the destination, without any particular reason, while under the influence of alcohol, he/she took a bath and gets off the taxi, and without getting out of the taxi. On the same day, the Defendant continued to drive the said taxi at around 0:50 on the same day, and even after the victim arrived at the Gca of the Gcacle in the Gca for the Gyeongnam Development-gun, the Gyeongnam Development-gun, the destination of which is the destination.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

1. Relevant provisions of the Criminal Act and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the fact that the sentencing reason of Article 334(1) of the Criminal Procedure Act of the provisional payment order is considerably excessive to the defendant, and that the defendant committed the crime of this case during the period of repeated crime due to the crime of this paper, it is necessary to strictly punish the defendant. However, it is difficult to see that the defendant is against his/her own crime, and the degree of interference with the business of this case is large, and that the defendant does not want the punishment of the defendant at present by agreement with the victim, etc., he/she shall be sentenced to the same punishment as the order after seriously warning the defendant that he/she would not repeat the similar crime again.

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