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(영문) 서울중앙지방법원 2016.06.09 2016고단2357

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around March 29, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) committed an assault against the victim B (V, 58 years old) who was aboard the cab in the vicinity of the shooting distance and was under the influence of alcohol, while he was under the influence of alcohol on the cab in the vicinity of the shooting distance.

2. Around 02:53 on the same day as the preceding paragraph, the Defendant: (a) arrested a flagrant offender under suspicion of the driver’s assault; (b) damaged the police officer’s complaint that the police officer collected on the wall so that he/she does not work normally; and (c) continuously extracted the steel-frame knife attached to the wall by entering the toilet.

Accordingly, the Defendant damaged the goods used by public offices.

3. On the same day as the preceding paragraph, the Defendant: (a) demanded a police officer E at the police box on the same day; (b) demanded a police officer E to wear toilets; and (c) E to walk the left side buckbucks of E at one time; (d) obstructed the Defendant’s performance of official duties; and (e) to a policeman F who provides information on toilets.

C. Along with the desire of the death of the body, the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the situation service in a lawsuit.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B, E, and F;

1. Original taxi expense receipt;

1. Application of the Acts and subordinate statutes to photographs of the victim's cell phone, boom fluor image caps, photographs by capturing up CCTV images, and damaged public objects photographs;

1. Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with prison labor for each crime;

1. The aggravated Criminal Act for concurrent crimes.