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(영문) 부산지방법원 동부지원 2015.12.02 2015고단1619
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 Aug. 29, 2015, the Defendant: (a) around 23:10 on Aug. 29, 2015, the driver assaulted the victim’s cell phone with the victim’s cell phone that he gets on a cab and returned to the city operated by the victim B (the age of 59) from the vicinity of the river route in Busan Southern-gu; and (b) without any justifiable reason, he saw the victim as “the victim was able to have a son’s cell phone.”

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

2. At around 23:20 on the same day, the Defendant committed an assault, such as: (a) the police officer E, who was a police officer of the Busan Southern Police Station D police box, called the Defendant, by asking the circumstances and personal information of the case to the Defendant; (b) the Defendant expressed his desire to see whether she would be Chewing fright; (c) she would be able to do so; and (d) she would have knife knife knife knife knife knife knife knife knife knife knife knife knife.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of the 112 reported case by the police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements of B and E;

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

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

1. In light of the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the nature of the crime in this case is not weak and the degree of the assault exercised by the police officer, etc., strict punishment against the defendant is required.

However, the defendant's mistake is unfolded in depth.

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