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(영문) 서울동부지방법원 2016.12.21 2016고단3353
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 September 23, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.) (the act of assault, etc.) took the victim’s face on the back seat of the E-cab seat of the victim in front of the road basin located in 1480, as the Gangdong-gu Seoul, Gangdong-gu, Seoul, and then died in front of the 1st exit of the Gu located in 384-1, Gwangjin-gu, Seoul Special Metropolitan City, the said victim without any justifiable reason while taking a bath to read, “the said victim will get out of the address accurately and walk back to the main destination” from the said victim, who was hicking the words “the said victim’s face while driving the said taxi from the said victim to the main destination.”

2. At around 23:02 on September 23, 2016, the Defendant: (a) heard the explanation that the Defendant was arrested and waiting for the investigation on a flagrant act as stated in Article 1(1) of the facts charged; (b) during the process of assaulting a driver from the above H, he would have been arrested and detained in the act of flagrant act; and (c) he expressed the explanation to the above H that he was “Y, I, I, e.g., I, e., I, e., I, e., I, son, bitch bitch bitom; and (d) thereby obstructing the police officer’s legitimate performance of duties, who was in charge of management of the earth by assaulting knee, I knee and walk one time.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to I and H;

1. Application of Acts and subordinate statutes to the draft D;

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

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 is the order of provisional payment.

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