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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 청주지방법원 2015.10.02 2015노936
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The crime of this case was committed by the Defendant without any reason when the Defendant was asked by the victim C, a taxi driver, to ask questions from the customer (the Defendant) about the taxi operation route while getting on the taxi, and took care of the victim’s neck by hand, and the victim parked the taxi in the nearby marina parking lot, and assaulted the above victim by drinking the victim’s face. The police officer dispatched the above case to the police station, voluntarily carried the water in the instant case by the police box with the box, and then forced the police officer to go on the box, and thereby obstructing the police officer’s performance of his duties by walking the bridge and the arms, and thus obstructing the police officer’s occurrence of serious harm to the driver of this case, it is necessary to punish the Defendant strictly.

However, the Defendant appears to have committed all of the instant crimes and committed a misunderstanding in depth.

Furthermore, the defendant seems to have committed each of the crimes of this case by contingency while under the influence of alcohol.

무엇보다 이 사건 공무집행방해 범행의 경위를 살펴보면, 피고인이 경찰관 H에게 물을 뿌리자 경찰관들은 공무집행방해 범행의 현행범으로 체포하고자 피고인을 제압한 뒤 바닥에 엎드리게 한 상태에서 피고인의 양손을 뒤로 한 채 수갑을 채우고 상당한 시간(약 25분) 동안 파출소 바닥에 그대로 방치하였는바, 양손에 수갑을 찬 채 바닥에 누워 발버둥을 치던 피고인이 발로 경찰관 G의 다리와 팔을 찼던 것이다.

Even if it is a flagrant offender, the suspect who is subject to the presumption of innocence in the Constitution is also subject to the presumption of innocence in the Constitution at the late night.

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