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(영문) 광주지방법원 순천지원 2021.02.17 2020고단2742
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Criminal facts

1. On October 9, 2020, the Defendant violated the Punishment of Specific Crimes (Assaults, etc. against drivers) Punishment Act (hereinafter “the Punishment of Specific Crimes”) committed assault against the victim, such as assaulting the victim, who tried to open a passenger car in the Csi in the drive of the victim B ( South, 53 years old) who is going to cross-sections of the Dobong-do Csi at the time of drinking water and tried to remove the victim from the victim, once again, and twice the shoulder part of the victim who was driving as drinking.

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

2. On October 9, 2020, around 00:19, the Defendant obstructed the performance of official duties, and around D’s 112 report, sent out to the Defendant who was in a dispute with the Defendant, and went beyond the process of controling from the assistant F of the police box affiliated with the police box of the relevant department, which is investigating the details of the report, and assaulted the Defendant, such as cutting the slope F, walking the bridge, walking the bridge, etc.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention of crimes by police officers or public peace and maintenance of order.

Summary of Evidence

1. A written statement of the police statement B to the Defendant’s legal statement F (a counter investigation of the taxi engineer), investigation report (investigation of CCTVs for crime prevention), investigation report (on-site photographs and CCTV images for crime prevention) - On-site photographs, photographs damaged by CCTV images for crime prevention, 112 reported handling records and diagnosis records, and application of statutes to the police statement statement B to the Defendant’s legal statement

1. Article 5-10 (1) (a) of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of violence against a driver of a motor vehicle in operation), Article 136 (1) of the Criminal Act (a point of interference with the performance of public duties) and the selection of fines for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The act of assaulting the driver of a vehicle in operation of the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, and the act of exercising violence against the police officer is very dangerous.

(a) h.

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