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(영문) 서울동부지방법원 2018.05.31 2018고단695
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around November 28, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) refers to the victim D (57 aged) running in the 184-3 Olympic Winter-dong, Songpa-gu, Songpa-gu, Seoul on November 28, 2017, in a personal E-si operated by the victim D (57) who was seated in the back seat and went home to the back, and "I Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga, Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga, Ga Ga Ga, Ga Ga, and Ga Ga Ga Ga Ga Ga Ka-gu."

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

2. The Defendant interfered with the performance of official duties, who was arrested by Gmenmen and Police Officers Gmen and Fmenmen on the part of the police box of the Seoul Song-gu Police Station, sent from the Olympic Games as above, as well as by the Fmenmen, and was under the influence of alcohol at the lower seat of the patrol police box sent to the Fmens, and then was under the influence of alcohol.

We have the bath theory as "D.", and the number of backs of G that had been seated on the steering wheel was added to the patrol stop, and the number of backs of the knife knife knife knife was added to the patrol stop.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Application of the respective Acts and subordinate statutes of I and H

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

1. Selection of each fine for the selection of punishment (the consideration, such as the fact agreed with victim D, the fact that a deposit is made for police officer G, the depth of the deposit, the fact that the defendant is an initial offender, etc.);

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;

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