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(영문) 광주지방법원 2016.10.13 2016고단3008
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant shall be punished by a fine of KRW 7,000,000 (one million). If the above fine is not paid, KRW 100,000 (one day) shall be imposed on Defendant.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) around 00:05 on July 8, 2016, the Defendant boarded at the back seat of the C-si, which the victim B (the age of 58) drive on the 261 Maart, as one of the agricultural cooperatives located in the Gwangju Mine-gu, Gwangju, Gwangju, and tried to go to the 2nd apartment of the B-si.

On the same day, at around 00:09, the Defendant called “a person who has violated and attempted to violate the signal” to the victim in front of the completion point of the National Bank of Korea located in 348, and when the victim did not come to go to the same, he did not want to go to go to the Eastern Apartment by making telephone to the Eastern Engineer, and the location of the offline secondary apartment was turned to the victim.

2. The Defendant committed an act of obstruction of performance of official duties, such as: (a) the time and place specified in paragraph (1) of this Article; and (b) the circumstance E (the age of 50) belonging to the Gwangju Mine Police Station D District forces (the age of 50) dispatched to the site after receiving a report on the damage of the assault case, such as the description, was “I wish to have the said E take a desire for a taxi engineer,” and (c) the Defendant committed an act of assaulting the E, such as: (a) whether I or I would have taken the responsibility for a police officer; (b) I or I leave the duty; (c) I or I have been abandoned on the hand floor of the said E on one occasion by sound; and (d) when I or she

As a result, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reported handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect of the police accused;

1. Each statement of the police about E, F, and G;

1. Application of Acts and subordinate statutes to the tear ray photographs, the circumstantial statements of the subject person, and the written agreement;

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

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;

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