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(영문) 서울중앙지방법원 2014.09.25 2012고정6997

폭행등

Text

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

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

Reasons

Punishment of the crime

2012 High term 6997

1. On October 20, 2012, the Defendant: (a) committed assault on the victim C (year 46) and in the course of driving a vehicle by driving approximately 10 meters of the above taxi while the victim was seated in the taxi in front of Seongbuk-gu Seoul, Seongbuk-gu, Seoul at around 21:30 on October 20, 2012.

Madden4218

2. The Defendant is a taxi engineer operating E-si, while F (the age of 63) is a public official of Seoul Special Metropolitan City who controls the refusal of taxi riding and illegal operation.

On June 28, 2013, the Defendant refused to take passengers in front of Seocho-gu Seoul Metropolitan Government G on the taxi at around 00:36.

Accordingly, F directed the defendant to stop the taxi in front of the taxi that the defendant was driving and bypass to the fourth line in order to control the defendant's refusal to take passengers, but the defendant neglected this and driven a taxi, and caused the driver's left side bucks to the driver's seat.

Accordingly, the defendant interfered with the legitimate execution of duties of F on the crackdown on refusal of boarding.

Summary of Evidence

The fact of No. 1 at the time of sale

1. Statement of C by a witness in the fifth trial record;

1. Police suspect interrogation protocol regarding C;

1. The fact of paragraph (2) at the time of making a photograph of assault C;

1. Protocol of examination of the witnessF of this court;

1. The police statement concerning F;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of each fine for the crime;

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

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

1. The defendant and his/her defense counsel regarding the assertion of the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act shall be subject to the victim C's assault.