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(영문) 광주지방법원 2014.07.24 2014고단1838
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 22:30 on April 22, 2014, the Defendant: (a) expressed that, under the influence of alcohol, the Defendant was under the influence of alcohol, she was a driver of a motor vehicle driving on the rear seat of the victim D (Nam, 29 years of age) and was passing F in front of the Gwangju mine area, the Defendant: (b) expressed that the victim “spacks, spacks, spacks, bits equal to bits, spacks, spacks, and spacks”; (c) assaulted the victim of a motor vehicle with the rear part of the driver’s seat that the victim was seated and

2. 공무집행방해 피고인은 2014. 4. 22. 23:15경 위 F에서 택시기사 D을 폭행하며 택시요금 지불을 거절하다가, 신고를 받고 출동한 광산경찰서 G파출소 소속 경찰관 H에게서 ‘택시비를 지불하고 빨리 귀가하시라.’는 권유를 받자 위 경찰관에게 ‘야 이 개새끼야, 네가 뭔데 지랄이야, 경찰관 이리 와봐!’라고 욕설하며 오른쪽 주먹으로 위 경찰관의 왼쪽 턱을 1회 쳐서 폭행하여, 경찰공무원의 치안유지 및 범죄수사에 관한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to H and D;

1. Article applicable to criminal facts;

(a) Violence against drivers: Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and selection of fines;

B. Obstruction of Performance of Official Duties: Article 136(1) of the Criminal Act; Selection of fines

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order is that the defendant committed each of the crimes of this case in contingency under the influence of alcohol, that the defendant does not want the punishment of the defendant, that the defendant does not have any record of crime other than a fine before and once in 1996, that the defendant reflects his depth of the crime, and that the defendant is a inorganic contract in an elementary school administrative office.

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