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(영문) 부산지방법원 2018.06.18 2018고단217
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On December 17, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment, etc.”) was on the street in front of the “D,” located in the front edge of the F taxi operation of the victim E (55 years old) in Busan, and was in the direction of the “Secho-dong Seocho-dong,” and was in the vicinity of the Secho-dong, dong-gu, the Defendant took a bath, such as “this sick son, strep, typ, and streke,” without any special reason, once the victim’s right bucks one time at the left hand, and the victim’s face was 4 times as the victim’s head was continuously set up with his/her left hand after the victim gets a taxi on the street.

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

2. On December 17, 2017, at around 08:30, the Defendant: (a) arrested a flagrant offender committing an act of violence, such as paragraph 1, located in the H District located in Busan Dong-gu, Busan, with a large amount of interest for police officers, such as “I ambling the son and I amb off the amb from the ambs, I ambling the Defendant; and (b) then I ambling the ambs of the said ambling with the Defendant at the seat of the Defendant’s protection; and (c) assaulted the Defendant at the right side of the said I ambling one time with a height of his own right right.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the management of personal illness and criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E and I;

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

2. Selection of a fine for selective punishment (the defendant was sentenced to a suspended sentence of one year for a crime of violating the Road Traffic Act at the Busan District Court on July 15, 2016 and was sentenced to a suspended sentence of two years on August 23, 2016, and the judgment became final and conclusive on August 23, 2016, without regard to the person during the suspended sentence period.

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