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(영문) 부산지방법원 서부지원 2020.02.14 2019고단2068
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. On May 30, 2019, around 22:54, 2019, the Defendant: (a) boarded a C cab operated by the victim B in the vicinity of the Seocho-gu Busan Metropolitan City Clock Terminal; and (b) did not inform the Defendant of the accurate destination under the influence of alcohol; (c) when the Defendant was at the destination of the same Gu D apartment, the Defendant temporarily stopped the vehicle and sold the vehicle to the neighbors by hand without any justifiable reason.

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

2. On May 30, 2019, at around 00:35, the Defendant was arrested and protected as a flagrant offender in the event that he was drunkly under the influence of alcohol within the Busan Seo-gu E/F police box, and at around 00:35, in order for G to hand over the Defendant to the police station, the police officer assigned the above police box “n't son’s son’s son’s son’s son’s son’s son’s son’s kn’s son’s kn’s son’s kn

At around 00:50 on the same day, the Defendant 264 as the superintendent of Busan Sho-gu, Busan Sho-gu, and around the first floor of the Sho-gu, the first floor of the Sho-gu, the Defendant resisted the criminal system of the above police station without any reason, and assaulted the Defendant at one time in order to prevent G from doing so.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling and investigation of 112 reported cases by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. B written statements;

1. A report on investigation (for field blind persons, etc.);

1. Application of each statute on photographs;

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 concerning criminal facts, the choice of each fine;

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

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

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