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(영문) 대구지방법원 김천지원 2015.05.07 2015고단90
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A fine of three million won shall be imposed on a defendant.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

1. On November 27, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) (hereinafter referred to as “Aggravated Punishment, etc.”) was on the roads near C in Gumi-si B, and around E-si operated by the victim D (the age of 59) and was under the influence of alcohol, the Defendant was able to take a breath of the victim’s breast who was driven on his hand with his hand and her hand without any justifiable reason.

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

2. 공무집행방해 피고인은 2014. 11. 27. 22:55경 구미시 이계북로 149에 있는 진미동 주민센터 앞 길에서, 위 D의 112신고로 출동한 구미경찰서 F파출소 소속 순경 G이 D에게 사건경위를 확인하는 것을 보자, 발로 G의 등을 1회 찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning police officers' patrol and suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute to the statement of D and G;

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, the selection of each fine for the crime (the first crime, the crime committed during the commission of crime, the depth and reflectivity of the victim, the victim D’s non-prosecution of punishment, the deliberation of happiness, family relationship, etc.);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act [Aggravation of the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which has heavy penalty];

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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