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(영문) 서울북부지방법원 2015.04.22 2014고단4673

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. The Defendant of criminal records was sentenced to a suspended sentence of three years on January 13, 2014 by imprisonment with labor for a crime of violation of the Financial Investment Services and Capital Markets Act at the Seoul Northern District Court on January 13, 201, and is currently under the grace period as the said judgment became final and conclusive on January 22, 2014.

2. Criminal facts;

A. On November 17, 2014, the Defendant: (a) committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.); (b) boarded the victim D (age 58) taxi at the entrance of the Yeongdeungpo-gu Seoul Metropolitan Government Young-gu Port; and (c) deemed the victim D (age 58) taxi at the distance of the victim.

Accordingly, when the victim drives the above taxi and moves to G 20 meters in the internal circular road in Seongbuk-gu Seoul Metropolitan Government F, the defendant assaulted the victim, who is a taxi driver, who is a taxi driver in operation, by driving the victim's right shoulder one time, and driving the victim's timber by hand.

B. The Defendant, at around 22:50 the same day as the preceding paragraph, tried to assault D again when he listened to the circumstances of the case from the above D, at the parking lot of the Seoul Southern Cancer Police Station located in Seongbuk-gu, Seoul, Seoul, where he had a disturbance, such as assaulting D, who was a driver of the said taxi, and was called out after being exposed to the disturbance.

Accordingly, the Defendant assaulted a police officer's face at one time, 4-5 times to walk a part of an I's bridge, and obstructed the police officer's legitimate execution of duties concerning crime prevention, suppression, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on police statements made to D and I;

1. Relevant Article 136(1) of the Criminal Act, Article 136(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and

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 order of provisional payment;