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(영문) 서울서부지방법원 2015.07.28 2015고단1131
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Around March 20, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) committed assault against the victim, who was under the influence of alcohol, with two times the right arms of the victim, who was under the influence of driving stand in two times the right arms of the victim, who was under the influence of driving stand in two times at the time when the victim C (the victim of 56 years of age) was boarding a D taxi in the vicinity of Seongbuk-gu Seoul Seongbuk-gu Seoul Metropolitan Government and moved to the vicinity of Seongbuk-gu Seoul Metropolitan Government, at around 23:35 on the same day.

2. The Defendant damaged property damage on the street in front of the Cheongpha Public Security Center located in 87-gil, Yongsan-gu, Yongsan-gu, Seoul, and the card settlement terminal installed before the victim C wanting to set up a taxi, thereby destroying the card settlement terminal at the market price, which is the victim’s possession.

3. The Defendant committed an assault, such as: (a) the police officer belonging to the Yongsan Police Station E District Unit of the Yongsan Police Station, who received the report and arrested the Defendant and francing the Defendant into the E Area; (b) the Defendant expressed his desire to arrest the Defendant; (c) the Defendant f, who was francing the two arms of the said F in two hands, and flusing the shoulder and blus with their arms pushed together.

As a result, the defendant interfered with the legitimate execution of duties concerning F's report processing and arrest of flagrant offenders, who are police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of the photographic Acts and subordinate statutes;

1. Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13351, Jun. 22, 2015); Article 366 of the Criminal Act; Article 136(1) of the Criminal Act; the choice of each fine for a crime;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is the largest penalty);

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