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(영문) 서울중앙지방법원 2014.07.10 2014고단3248
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On May 6, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) around 23:55, around 2014, while boarding a taxi driven by the victim C (the age of 52) on the street in Jongno-gu Seoul Metropolitan Government, the Defendant sold the victim’s chest and her finger by drinking.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

2. On May 6, 2014, the Defendant: (a) around 23:57, at the D police box located in Jongno-gu Seoul Metropolitan Government, the Defendant: (b) expressed that the slope of the D police box affiliated with the Seoul Guro Police Station D police box, dispatched after receiving a report from C that the Defendant suffered damage, such as the statement in paragraph (1), intends to hear the circumstances of the instant case against the Defendant; (c) stated that “packers shall start, cut, sing out, and singke,” and stated that “I am at one time the left part of the E’s drinking.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes of C and E;

1. Selection of fines provided for in Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 136 (1) of the Criminal Act concerning criminal facts;

1. From among concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act only agree with the driver of reasons for the sentencing, the fact that the person committed a crime by drinking and contingently, there is no record of crime exceeding the fine, and the last fact that the punishment by a fine is likely to face violent inclinations or the risk of recidivism by not later than 15 years, and other various conditions of sentencing, such as the defendant's age, character, conduct and family relation, shall be determined as ordered by the order;

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