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(영문) 대전지방법원 2014.08.29 2014고정1072
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 November 22, 201, at around 23:08, the Defendant expressed a wish to the effect that, while getting in a private taxi that is operated by the victim B (the age of 57) on the street in front of the Republic of Korea located in the Seo-gu Daejeon-gu Daejeon Special Metropolitan City, the Defendant: (a) asked the victim “I will see whether I will do so?” and (b) without any justifiable reason, “I will see . I will see . I will . . . m. . . m.”; (c) assaulted the victim by taking the back of the victim’s head 4 times after drinking.

2. On November 22, 201, at around 23:15, the Defendant: (a) confirmed the details of the victim police officer G, working in the F District of the Daejeon East Police Station, the Daejeon East Police Station, which was dispatched after receiving a report from the E in front of the Daejeon Dong-gu, Daejeon; (b) arrested the Defendant as an offense in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Driver Violence, etc.); (c) arrested the Defendant in the act of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment, etc.”) and attempted to accompany the Defendant into the F Zone; and (d) with the victim’s breath’s breath’s breath and breath’s breath, the Defendant interfered with the legitimate performance of duties concerning the arrest of the victim

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and B;

1. Application of the Acts and subordinate statutes to the victim B of the assault committed against the victim, the photographs of the victim's compact G himself/herself;

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 257 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

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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