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(영문) 수원지방법원 2015.02.12 2014고단7251

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 22:00 on November 3, 2014, the Defendant: (a) boarded a cab operated by the Victim B; (b) opened a cab in the vicinity of the Office of Education near the Fireproof/Mansan District; (c) obstructed the driver by asking the victim’s right-hand arms, such as opening the string, holding the right-hand side on drinking; and (d) destroying the ancillary property by walking the string machine in the cab.

2. On November 3, 2014, the Defendant: (a) was arrested at around 22:15, and waiting within a police box while waiting in the D police box on the charge of committing an act of committing an act of committing an offense on the part of the government office; (b) was unable to have the police officer E, etc. who was on duty, and was unable to take a disturbance, and (c) was accompanied to have the repair cost equivalent to KRW 20,000,000, while walking

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each statement of E and F;

1. Application of Acts and subordinate statutes to each investigative report;

1. In the case of assault by a driver of the relevant legal system on the crime: The point of causing damage to public goods under Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes: The point of damaging public goods under Article 366 of the Criminal Act: Article 141 (1) of the Criminal Act; Article 3 (3) 1 of the Punishment of Minor Offenses Act;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The sentence of a fine corresponding to the Defendant’s act shall be imposed in full view of the following: (a) the reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) is 12 years prior to the obstruction of performance of official duties; (b) there are no other criminal records except for those subject to a fine one-time due to obstruction of performance of official duties; (c) the driver does not want to receive compensation for damage; (d) the degree of disturbance and damage within the police box; and (d) the state of being under the influence of alcohol at the