beta
(영문) 청주지방법원 2015.07.02 2015고합44

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. On January 12, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) (hereinafter “Aggravated Punishment, etc.”) was on the floor of hand when the victim was aboard the back seat of the F taxi operated by the victim E (the age of 54) in front of the D Cheongju-gu, Cheongju-si, Cheongju-si (the age of 54) on the ground that the Defendant was prevented from taking the taxi door, and the victim was able to take her face at one time and take a drinking face.

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

2. At around 00:30 on January 12, 2015, the Defendant committed an act of obstruction of performance of official duties in front of the “H” located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-si, with the victim’s report that he was subject to the assault, and the slopeJ affiliated with the I District of the Cheongju-gu Police Station I District called “finite, finite, finite” to arrest the Defendant as a flagrant offender with respect to the Defendant’s act of the foregoing paragraph 1, and committed an assault by sallling the fro of the said J, and sallling the head.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of a police officer.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Each police statement to J and E;

1. Application of Acts and subordinate statutes to a photograph explanation;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 136 (1) of the Criminal Act, and Article 136 (1) of the same Act concerning the crime, the choice of each fine;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (limited to concurrent crimes with the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances favorable to the defendant for sentencing reasons under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The degree of assault against the victims of each of the crimes of this case is relatively weak.

The defendant makes a confession against the obstruction of performance of official duties.