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(영문) 수원지방법원 성남지원 2016.02.03 2015고단2671
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On September 12, 2015, the Defendant was under the influence of around 01:12, the Defendant, on September 12, 2015, was seated with a part of the victim’s right shoulder by hacking the victim’s hand, who was suffering from the Defendant’s hand, by driving a FK5 taxi in the direction of the victim E (57 years old) in the vicinity of the Young-gu, Sungnam-gu, Sungnam-si. In order to restrain this, the Defendant hacked the victim who was suffering from the Defendant’s hand.

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

2. On September 12, 2015, the Defendant was required to make a statement from the Jinsu-gu Police Station in Sungnam-gu Seoul Special Metropolitan City on the ground that he was under the influence of alcohol, as set forth in paragraph 1, at the H District District located in Seongbuk-gu Seoul Special Metropolitan City, Chungcheongnam-gu, and that he did not pay a taxi fee, and that he was required to make a statement from the slope I (42 tax) and the J (29 tax) belonging to the Gyeonggi-gu Seoul Special Metropolitan City Police Station.

The Defendant, while taking a sudden desire, committed assault, such as taking a chest of the above I, taking a chest of the said J, and taking the son of the said J.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression, and investigation of the above police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to I, J and E;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of a driver's assault) and Article 136 (1) of the Criminal Act concerning the crime, the selection of a fine, and the selection of a fine;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant seriously reflects his criminal act; (b) the primary offender; (c) the Defendant committed assault to the victim in the course of booming the victim’s hand of his arms; (d) the agreement with the victim E; and (e) the degree of interference with the execution of official duties is relatively minor; and (e) the punishment as ordered by the instant argument is determined by taking into account all the sentencing conditions indicated in the instant argument.

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