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(영문) 광주지방법원 2015.11.26 2015고단4168
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. Around 01:30 on October 11, 2015, the Defendant: (a) spited the taxi bed on the taxi surface of the victim E (the age of 42) on the taxi driven by the “D” located in Seo-gu, Seo-gu, Gwangju; and (b) spit the taxi on the taxi surface in which the victim E (the age of 42) spits it into a destination; and (c) spits it into the victim’s face; (d) spits it into the victim’s face; and (e) spits it into the victim’s face; and (e) spits it into the victim’s hand.

Accordingly, the defendant assaulted and threatened the victim who is operating a taxi.

2. On October 11, 2015, at around 01:40, the Defendant: (a) arrested a slope G belonging to the said district on the charge specified in paragraph (1) at the front parking lot of the F District located in Seo-gu, Seo-gu, Gwangju to enter the district; and (b) expressed that G “I am, embi gue, n, n police, hear good citizens’ convenience, hear bits equal to the bit of bitch bitch,” and assaulted G on his hand, such as “I ambi, ambi, frien,” and ambien, at the front of the F District located in Seo-gu, Seo-gu, Gwangju.

Accordingly, the defendant interfered with legitimate execution of duties concerning the investigation of G crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. E statements;

1. Application of Acts and subordinate statutes on investigation reporting;

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

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the defendant commits assault or intimidation against a driver, which is highly dangerous, such as spits or spits, and exercises assault against a police officer three times.

However, the defendant is led to his/her crime and is against himself/herself, and the victimized driver and the victimized police officer are.

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