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(영문) 서울중앙지방법원 2019.05.30 2019고단1379

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On February 18, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) boarded a cab that was driven by the victim B (58 years of age) in the vicinity of the subway Station 3 in Seocho-gu Seoul at the night to Kimpo-si. On the same day, at around 22:14, the Defendant: (a) was able to smoke while driving a cab in the vicinity of the E Hospital located in Seocho-gu Seoul Metropolitan Government (58 years of age); (b) took a bath for smoking to the victim; and (c) assaulted the driver of a while driving a string vehicle at one time, who was frightened by the victim, on the ground of this reason.

2. The Defendant received 112 reports on the ground of assaulting a driver as stipulated in paragraph (1) and sent to the site, and arrested a police officer G as a flagrant offender at the Seoul Seocho Police Station F District Unit of Seoul Seocho Police Station, and moved to the said F District located in Seocho-gu Seoul Metropolitan Government H.

On February 18, 2019, around 22:30, the Defendant arrested himself as a flagrant offender in front of the F District, and resisted him against the above G, and assaulted him on two occasions with the face of the above G on the face of the head of the Defendant.

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers in relation to the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning B and G;

1. Application of Acts and subordinate statutes to a report on investigation (booms and closed circuit images);

1. Violence committed by a driver under Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes committed against the relevant criminal facts;

In this regard, Article 136(1) of the Criminal Act (amended by imprisonment)

U.S. Imprisonment

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Scope of Recommendation] 1) Violence Crimes (Type 1) (Crime 1): Basic Area of Violence: February 2 to October 2) shall be obstruction of performance of official duties (Type 1).