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(영문) 광주지방법원 2018.10.25 2018고단3616

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

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

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

Reasons

Punishment of the crime

1. 특정범죄 가중처벌 등에 관한 법률위반( 운전자 폭행 등) 피고인은 2018. 7. 14. 01:00 경 광주 서구 C에서 피해자 D(62 세) 이 운행하는 E 택시에 탑승하여 목적지인 광주 남구 주월동까지 가 던 중 같은 날 01:10 경 광주 남구 주월동 국제 양궁 장 앞 도로에서 조수석 뒷좌석에 앉은 채 운전 중인 피해자에게 “ 야 씹할 놈 아, 신호를 지키지 말고 빨리 가라 ”라고 소리를 지르며 소란을 피우다 발로 피해자의 목덜미 부위를 2회 걷어찼다.

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

2. Interference with performing public duties;

A. On July 14, 2018, when the Defendant assaulted a taxi driver as described in the preceding paragraph, the taxi driver reported the fact of assault to the police officer H, etc. who was working at the Seo-gu Police Station G box in Gwangju, Seo-gu, Gwangju, while carrying the Defendant on board around 01:15 on July 14, 2018.

As the Inspector H et al. recommended the defendant who was on the back seat of the taxi to pay the taxi expenses and return home, the defendant expressed the above police officer's desire to do so, and the defendant sent the front part of the above police officer's bridge once, and made the face part of the above police officer one time by hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of crimes reported by police officers.

B. On July 14, 2018, the Defendant assaulted the police officer assigned at the police box as described in the above paragraph A, arrested him as a flagrant offender at around 01:18 on the same day, and then transferred him to the police station I office in Gwangju Seo-gu on the same day at around 03:15 on July 14, 2018, and then sent him to the police station I office in Gwangju Seo-gu on the same day, and then the above security guard H taken the Defendant at one time at the seat of the owner, unfolded him, and the police officer in Gwangju Seo-gu on the right side of the slope J J, one time at the direction of the assistant police station I belonging to Gwangju Seo-gu.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the prevention of crimes and the handling of cases by the police officers.