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(영문) 수원지방법원 여주지원 2015.11.30 2015고단902
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 August 21, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.) taken the front of a cafeteria “Jari-gu cafeteria” restaurant located in the Yacheon-si, Yacheon-si, in front of the instant restaurant, which is a proxy engineer owned by the Defendant B (the age of 38) and taken the front of the instant vehicle owned by the Defendant, and led to the mistake that the victim was not driving in the direction of the Defendant’s residence, the destination of which is the destination, and led to the mistake that the victim was not driving in the direction of the Defendant’s residence. On August 12, 2015, the Defendant sawd the victim’s head part by 10 times.

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

2. On August 12, 2015, the Defendant: (a) asked the police officer, who was a police officer of the Leecheon-gu Police Station Estation, dispatched to the site after having received the said 112 report on August 12, 2015, that “the Defendant was subject to assault” on the front side of the Dongcheon-si Police Station; (b) assaulted the Defendant on three occasions at the left side of the said F on the top of the multilateral and the right hand, and used the Defendant at one time to walk the left side of the road.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and B;

1. B written statements;

1. Application of Acts and subordinate statutes, such as photographs of damaged parts of the victim B, photographs of damaged parts of the F, etc. of the victim;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning criminal facts, the choice of each fine;

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

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

1. The defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, drives his/her own vehicle.

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