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(영문) 서울중앙지방법원 2017.04.21 2016고단9125

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

Defendant shall be punished by a fine of seven 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 05:05 on October 4, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) committed a assault against the victim without any particular reason while taking aboard a taxi in the back seat of the taxi operated by the victim D (58 tax) in front of the entrance No. 4 of the 203-Gu-ro, Gangnam-gu, Seoul, on the street, 203, in front of the exit of the 4th week.

2. On October 4, 2016, around 05:15, the Defendant obstructed the performance of official duties by assaulting the victim slope G, who is the police officer belonging to the Gangnam-gu Seoul Southern Police Station, spits spit, etc. on the face of the above G, and obstructed the legitimate performance of duties by the police officer in relation to the prevention, suppression, and investigation of the crime.

3. In a case where the civil petitioners et al. hear at the time, time, and place mentioned in the above three paragraphs, whether the victim H, a police box affiliated with the Seoul Gangnam Police Station F police box, “I Y Y Y Y Y Y Y YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY

The victim openly insultingd the victim by openly obsculing the large sound called 'Ispule 'Ispule' without this self-esteem.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to H, G, and D;

1. Investigation report (verification of black stay images);

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 311 of the Criminal Act (the point of insult), and the selection of fines, respectively;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.