logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.11.24 2015고단3942
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around September 12, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) committed assault against the victim B, such as having the victim B drive the vehicle on behalf of the Defendant in the Hongdong-dong, Mapo-gu, Seoul, Seoul, on the part of the Defendant, leading the victim B to the middle point of the Yangcheon-dong, which became two times the chest of the victim at the middle point of the Yangcheon-dong.

2. The Defendant committed an act of obstruction of performance of official duties on the one hand, such as the safety of life at the Seoul Yeongdeungpo Police Station and the face of police officers C belonging to the multi-purpose patrol team at the same time and on the 265-way-ro, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, Seoul. The Defendant interfered with the legitimate performance of duties by police officers concerning the police officers’ reporting, withdrawal, and movement.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. Application of Acts and subordinate statutes to a copy of the work log of the patrol team;

1. Article applicable to criminal facts;

(a) A driver's assault: Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes;

(b) The point of obstruction of performance of official duties: Article 136(1) of the Criminal Act.

1. Selection of each selective fine for punishment (a normal consideration considered below):

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

1. The crime committed by assaulting a proxy engineer on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, and exercising violence against a police officer on dispatch, etc., which is highly dangerous, and disturbing public order and order, and the crime committed by repeatedly committing the instant crime despite the record of punishment on several occasions, such as the same kind of violence, is not easy in that it repeatedly repeats the instant crime.

However, in this court, the victim did not want the punishment of the defendant by mutual consent with the victim of the assault, and the victim police officers also endeavored to recover damage by accepting the defendant's death and requesting the wife. The crime of this case is under the influence of alcohol.

arrow