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(영문) 광주지방법원 순천지원 2014.10.28 2014고단1255

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

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. On May 17, 2014, at around 23:15, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Defendant was seated at the top of the Do-si that was driven by the Victim C (the age of 54) and went to the near the Fmiddle School located in Macheon-si E in the

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

2. On May 17, 2014, the Defendant obstruction of performance of official duties: (a) on the front of the F Middle School located in Sincheon-si, Ma, and (b) asked questions about the facts of the crime by the G police box affiliated with the G police box dispatched after receiving a report of damage from C, and asked questions by the G police box located in Sincheon-si, and carried out the H’s right shoulder and chest by hand.

The Defendant notified the Defendant that he was arrested in the act of obstruction of the performance of official duties in relation to the above assault. The Defendant made Hasle one time the threshold.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to crime prevention, suppression, and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and H

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines;

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 crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is not good because it interferes with the execution of official duties by assaulting the driver of a motor vehicle in operation of the defendant, following the police officer dispatched after receiving a report.

However, after the defendant was sentenced to a fine of KRW 200,00 as a violation of the Road Act on July 24, 1993.