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(영문) 인천지방법원 2016.01.14 2015고단7022

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On August 23, 2015, the Defendant started driving on behalf of the victim D (the age of 52) on the top of the steering line of the Eststren motor vehicle on behalf of the victim D (the age of 52) and started on the street near the 375-8 chemical apartment prior to the station in the Sinscing City, Seo-gu, Incheon, 104 Dong 2403, and went to the residence of the defendant, the Defendant “I want to kis, I want to kis, I would soon kis, I would see the victim’s chest with his hand and arms, and continued to move to the back seat of the said motor vehicle, and forced the victim to do an indecent act, such as forcing the victim to do so by scambling the victim’s body.

2. From August 23, 2015, around 22:10, the Defendant interfered with the performance of official duties and the Defendant injured the Defendant at the top of the Seo-gu Incheon Seo-gu 652 Bag-ro, Seo-gu, Seo-gu, Incheon, Seo-gu, 112, called out and confirmed the details of the report, etc. after being dispatched to the Seo-gu, Seo-gu, Incheon, Seo-gu, and being dispatched to verify the details of the report, etc.

In doing so, the Defendant assaulted the back of the above H on one occasion by drinking, thereby obstructing the police officer’s legitimate performance of duties, and at the same time, inflicted injury on the victim, such as cerebral finite, which requires treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or I;

1. Written opinion on injury (victim I);

1. Application of Acts and subordinate statutes to a report on investigation (a audio content of a track image in a vehicle);

1. Article 298 of the relevant Act on the Punishment, etc. of Specific Crimes; Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 136 (1) of the Criminal Act; Article 257 (1) of the Criminal Act

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crime of obstructing the performance of official duties and the crimes of injuring an injury, and the punishment imposed on the crimes of serious injury shall be imposed);

1. Selection of each selective fine for punishment (the crime shall be recognized);