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(영문) 광주지방법원 2020.09.24 2020고단3812
업무방해등
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

1. Around June 27, 2020, the Defendant: (a) around June 27, 2020, the Defendant was boarding a C-cab operated by the victim B (the age of 61) to return home to the Defendant, while drinking on the front of the Rocheon reservoir near the Macheon-dong, Seo-gu, Gwangju in order to return home.

At around 00:35 on the same day, the Defendant expressed that the victim was “I have arrived at the destination” to the Defendant, and without any reason, the Defendant interfered with the victim’s taxi business for about 20 minutes by force, by stating that “I have to do so, I have to do so, and I have not scheduled to do so. I have to do so.”

2. The Defendant: (a) expressed at the above date, time, and place of the obstruction of performance of official duties that “the Doctrine F was called as “I will not perform any disturbance, pay the taxi fee, and return home to Korea”; and (b) Doctrine F sent out after receiving a report on 112 that “I see the Doctrine’s f’s f’s face face level at a slope F’s f’s face level at the same time and place; (c) assaulted the Doctrine’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s fat,” and f’s f’s f’s f’s f’s fing

Accordingly, the defendant interfered with legitimate execution of duties, such as maintenance of order under 112 reports by the victims who are police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, F, and H;

1. A written statement prepared B;

1. Investigation report (Attachment to photographs of evidence taken by police officers accompanying the visit);

1. Application of Acts and subordinate statutes on the E District Work Place;

1. Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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