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(영문) 서울북부지방법원 2017.09.22 2017고단3073

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 23:40 on March 29, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (such as a driver’s assault, etc.) committed three times the victim’s side blusium with the victim’s blusium intending to take the window of the said taxi as a blusium when he/she takes a large amount of drinking alcohol in the mid-gu Seoul Metropolitan Government B, and wanting to take the window of the said taxi as a blusium with the victim’s blusium, and the victim’s face was flusium once.

Accordingly, the defendant assaulted the taxi driver in operation.

2. The Defendant interfered with the performance of official duties on March 30, 2017, and around 00:52, the Defendant voluntarily accompanied the police officer F of the above earth station in Seongbuk-gu Seoul for the same reason as paragraph 1, and was in possession of a bath for returning home, after the Defendant voluntarily accompanied the police officer belonging to the above earth station for the same reason as paragraph 1.

Hand carried the above F with a cellphone, and the police officer G, who belongs to the said Hand, resisted the defendant to be arrested the defendant as a current offender who interfered with the performance of official duties, carried the above G's right arms and neck in his hand, and carried the above F's face at one time by drinking.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the maintenance of order and suppression of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B, G, and F;

1. Application of the Acts and subordinate statutes on video-recordings, video-recording CDs, CCTV video-recordings;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of a driver's assault) and Article 136 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of each alternative fine for punishment;

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 case is based on the grounds for sentencing of Article 334(1) of the Criminal Procedure Act, including the circumstances and contents of each of the instant crimes.