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(영문) 전주지방법원 군산지원 2021.03.31 2020고단1540

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

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

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

Reasons

Punishment of the crime

1. 특정범죄 가중처벌 등에 관한 법률위반( 운전자 폭행 등) 피고인은 2020. 8. 14. 23:30 경 제주시 B에 있는 C 병원 인근 노상에서 술을 마신 상태로 피해자 D( 남, 45세) 이 운행하는 E 택시에 탑승하여 목적 지인 제주시 F 오피스텔로 가 던 중, 제주시 연동 그랜드 호텔 사거리 동 측 방면으로 위 택시를 운행 중인 피해자에게 아무런 이유 없이 괴성을 지르면서 주먹으로 피해자의 얼굴과 머리 등을 때리고 발로 피해자의 복부를 걷어찼다.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

2. Around August 14, 2020, the Defendant obstructed the performance of official duties, on the street in front of G on August 23:54, 2020, when he was asked by an slope I, who is a police officer belonging to the Heon Police Station of the Jeju Western Police Station, who was dispatched to the site after receiving the above D-112 report, and was urged to return home, he used the police officer's body without any justifiable reason, such as cutting down the nature of the police officer's body, cutting down the spit, spiting the above police officer's shoulder.

As a result, the Defendant interfered with the legitimate performance of duties by police officers on the prevention and suppression of crimes through the dispatch of 112 report.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes governing D's damage statements;

1. 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), and 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. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Criminal Procedure Act is inadequate in light of the content of the instant crime, the Defendant is in profoundly against the instant crime and agreed with the victim D, and additional damages such as traffic accidents due to the driver’s assault.