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(영문) 부산지방법원 2020.01.16 2019고단5571
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding five hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around 01:08 on October 24, 2019, the Defendant: (a) expressed the victim’s hand-oned the victim’s hand-on (e.g., a driver assault) in front of the C store located in Busan Jin-gu, Busan (53 years old); and (b) expressed the victim’s hand-oned the victim’s hand-on of the victim’s hand, who was under the influence of alcohol and was demanded by the victim to speak his destination at the time of the C store located in Busan Jin-gu, Busan (53 years old); and (c) and (d) expressed the victim’s hand-on of the victim’s hand-oned the driver’s hand.

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

2. On October 24, 2019, from around 01:25 to around 01:35 of the same day, the Defendant continued to engage in a brupt behavior for about 10 minutes, as the Defendant requested the Defendant to report the visit from the G District located in F in Busan, on the road of the G District, which was located in F in Busan, and demanded by the security guards, etc. of the said G District to obtain the Defendant’s personal information from the security guards H, etc. of the said G District, and continued to engage in a brut behavior for about 10 minutes, as the Defendant might be pushed down with a police officer’s body towards the earth.

Accordingly, the defendant, while under the influence of alcohol, had a very rough and disorderly speech and behavior in a public office.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1. The circumstantial statement of the offender;

1. Application of the Act and subordinate statutes to a taxi charge receipt, a black stuff image photograph, a famball photographic photograph, and a famball photograph;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant Act on the Punishment, etc. of Specific Crimes and Article 3 (3) 1 of the Punishment, etc. of Minor Offenses Act (the point of column for revocation of the head of a government office and selection of fines);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62(1) of the Criminal Act of the suspended execution is as follows.

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