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(영문) 전주지방법원 정읍지원 2020.06.11 2020고단83
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 November 9, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.) committed an assault by the victim B (the 49-year-old) who was an agent for the victim on the ground that the victim asked him/her of destination to the driver during driving at the middle of the 39 independent end of the 39-year-long-long-term in the area where he/she was driving in the city of Suwon-si, Gyeonggi-si, the Defendant: (a) expressed his/her desire to the victim that “cucks, rings, and acting for him/her may walk; (b) he/she was under the influence of the victim on the ground that he/she asked him/herself of destination to the driver; (c) he/she was under the influence of the victim on the ground that he/she was under the influence of the victim on the ground that he/she was under the influence of the victim.

2. On November 10, 2019, around 00:08, the Defendant: (a) 112 reported at the place indicated in the foregoing Section B’s “1.1.2; (b) the head of Suwon Police Station D District police station D, who called the Defendant’s personal information, expressed the Defendant’s desire to “Mara chrop”; and (c) assaulted the said E’s chest on one hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of a protocol of suspect examination of the police against F;

1. Each police statement of B and E;

1. Recording notes;

1. On the spot, victim photographs, etc.;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the defendant is led to confession, reflect, and agree to pay money to the victim who is an acting engineer, the primary offender, and the suspension of execution of sentence equivalent to imprisonment without prison labor or any heavier punishment will be withdrawn from the company.

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