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(영문) 제주지방법원 2015.09.25 2015고단1000

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. Around June 24, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents against Drivers, etc.) went into a F taxi of the victim E (age 60) before the Jeju-si located in C, and arrived ahead of the H gas station located in G at the time of destination, when he/she is a destination.

피고인은 택시비를 계산하고 차에서 내려 이유없이 E에게 욕설을 하였고, E가 택시에서 내려 왜 욕을 하느냐며 다가오자 주먹으로 E의 얼굴을 때려 E가 착용하고 있던 안경(시가 15만원 상당)을 부수고, 계속하여 E가 경찰에 신고하기 위하여 피고인을 다시 택시에 태워 제주동부경찰서 I지구대로 운전하여 가자, 피고인은 화를 내며 택시가 제주은행 연삼로 지점 앞에 이르렀을 때 갑자기 E에게 욕설을 하면서 발로 택시를 운전 중인 E의 오른쪽 어깨 부분을 걷어찼다.

Accordingly, the defendant damaged E's property and assaulted E while driving.

2. On June 24, 2015, at around 02:45, the Defendant, along with the foregoing E, arrived at the first district office of the Jeju East Police Station I located in Jeju City. On June 24, 2015, the Defendant, who was working in the said district group, expressed his desire to confirm the circumstances of the instant case from the J, and assaulted J by pusheding his chest on his hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement to J and E;

1. Related photographs;

1. Application of the receipt statute

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the choice of punishment: Determination of fines as provided in Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of fines;

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

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: Criminal Procedure Act;