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(영문) 서울남부지방법원 2014.02.12 2013고정2930
업무방해
Text

A defendant shall be punished by a fine of 400,000 won.

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

Reasons

Punishment of the crime

From around 02:40 on July 5, 2013 to 03:05 on the same day, the Defendant interfered with the victim’s taxi operation duties by force by force, such as: (a) the victim D (the 57-year-old) who is a C taxi driver, in front of the Doosan-dong 973-17 Doosan-dong, Geumcheon-gu, Geumcheon-gu, Seoul, for the reason that the victim D (the 57-year-old) changed the taxi fares; and (b) the Defendant’s refusal of unloading from a taxi without his/her destination.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Police suspect interrogation protocol regarding F;

1. Application of Acts and subordinate statutes to on-site reports;

1. Relevant provisions of the Criminal Act and Articles 314 (1) and 30 of the Criminal Act concerning the choice of punishment;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The summary of the facts charged in collusion with the Defendant and F at the time, place, as stated in the judgment, the Defendant was sound as stated in the judgment, and F was able to avoid any disturbance, such as intending to make the said taxi cabs cut off with the hand floor, opening the door door to the driver’s seat, etc.

Accordingly, the Defendants conspired to interfere with the victim's taxi operation by force.

2. The following circumstances revealed by the evidence duly adopted and investigated by this Court, namely, the following circumstances: F did not speak at the destination of the taxi, and the Defendant refused to pay the fare without getting out of the taxi; F was a police officer who was in the process of the police officer; and F was working in the future of the taxi; F did not pay for the taxi fee, and F did not talk with the Defendant and F did not perform any act when F was in the future of the taxi; the part that the Defendant and F did not interfere with the taxi business within the scope of the taxi where the Defendant obstructed the taxi business.

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