beta
(영문) 창원지방법원 밀양지원 2018.08.23 2018고단272

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On May 25, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) was on the part of the victim D (60 years of age) prior to the singing room operated by the victim D (the 60 years of age) on May 25, 2018. The Defendant was on the part of the victim, who was under driving the taxi at the entrance of the newanan village located inside the upper east of the east-dong, and was under the influence of alcohol in the vicinity of the newan village, and was on the part of the victim's face, neck, neck, and neck. The victim was on the part of the victim, who was under the influence of alcohol, set the cab at the si, and the Defendant opened the victim's head debt and necked the victim's neck once by drinking.

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

2. On the same day, the Defendant: (a) was asked of questions about the circumstances and personal details of the instant case from G of the Stakyang Police Station, the circumstances where he/she was in charge of assault at the entrance of the said new village on the same day at around 00:27; and (b) was dispatched to the site after having received 112 reports that he/she was assaulted during the taxi operation; and (c) was asked by G of the F Police Station at the

Y He expressed a pule with a large amount of Chewing pule, and committed assault, such as puleing the face of G on one occasion in drinking, and displaying the drinking to G on one occasion.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Application of Acts and subordinate statutes to report internal investigation (No. 3 of the evidence list);

1. Article 5-10 (1) (a) of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of violence against a driver of a motor vehicle in operation), Article 136 (1) of the Criminal Act (a point of interference with the performance of public duties) and the selection of fines for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.