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(영문) 광주지방법원 2013.11.28 2013고단1165

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 03:00 on March 3, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) was boarding the E-cab driven by the victim D (35 years of age) at the front of the C hotel located in Gwangju Mine-gu, Gwangju, and the said cab resulted in a shooting distance at the entrance of the F apartment in Gwangju Northern-gu, the Defendant was under the influence of alcohol to “one minute of the victim’s breath,” and assaulted the victim at least three times by hand, etc.

2. On March 3, 2013, at around 04:50 on March 3, 2013, the Defendant damaged the victim H-owned coffee key, which was installed at the relevant office, by generating one set of repair costs equivalent to KRW 1.50,000 in the market value.

3. On March 3, 2013, the Defendant interfered with the performance of official duties, on the grounds that the police officer I (the age of 45) who was on duty within the police box, said police officer (“the age of 45”) told the Defendant that he would not speak and take a bath, thereby obstructing the police officer’s duty to assist the police officer’s security inside the police box by walking the left side of the said police officer once.

4. On March 3, 2013, at around 05:13, the Defendant: (a) destroyed the parts of the rear door of the driver’s seat of the police vehicle No. 12, 12,1262, which is a public object, during the process of being arrested on the way front of the above police box as an offense, such as assault, etc., and transferred to the Gwangju Northern Police Station, to the police station.

Summary of Evidence

1. Statement made by the police officer on I;

1. Written statements to be prepared;

1. Each report on the use of police gear and each report on investigation (with respect to the addition of crimes of destruction of public goods);

1. Application of Acts and subordinate statutes on images of each photograph;

1. Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the crime, Article 36 of the Criminal Act, Article 136(1) of the Criminal Act, Article 136 of the Criminal Act, and Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Selection of Punishment.