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(영문) 서울동부지방법원 2015.11.18 2015고단2677
업무방해
Text

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

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

Reasons

Punishment of the crime

【Criminal Power】 On September 4, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for obstruction of performance of official duties at the Seoul Eastern District Court, and the said judgment became final and conclusive on September 12, 2014.

【Criminal Facts】 The Defendant alleged that the victim C, who was a taxi engineer, was influorous and bombed in front of thecheon-dong, Gangdong-gu, Seoul, Seoul, from September 4, 2015 to 03:00 on the same day, was unable to smoke within the taxi, and that he/she did not get off the taxi for about 25 minutes by refusing to comply with the victim’s demand for getting off the taxi.

Accordingly, the Defendant interfered with the taxi business of the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Previous records of judgment: Criminal records and other inquiries, investigation reports (Attachment to the same military records against a suspect), and application of Acts and subordinate statutes to report an investigation (related to suspension of execution of sentence);

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the period of suspension of execution due to the crime of obstruction of duties and obstruction of performance of official duties. The defendant is also subject to the suspension of execution, and the defendant has been punished for interference with business even before he was under the influence of alcohol. However, there are circumstances in which the defendant was under the influence of alcohol to take into account the circumstances leading to the crime, such as the defendant's own request for 112 report to a taxi driver, and the reason why the defendant was under the influence of alcohol, and it is difficult to see that the damage of a taxi engineer due to the crime is serious (the victim's statement that 20,000 won was paid at the taxi expense while the defendant made a mistake after he was under the influence of alcohol). In light of the defendant's age, environment, career, family relationship, growth environment, etc., such as the defendant's age, experience, family relationship, growth, etc.

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