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(영문) 서울중앙지방법원 2014.09.18 2014고단6090

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

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

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

Reasons

Punishment of the crime

1. Around 02:40 on August 19, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of Specific Crimes) was on board a taxi (D) driven by the victim C (the age of 57) in the 105-ro, Gwanak-gu, Seoul Special Metropolitan City (the age of 57) and was on drinking on the ground that the amount of taxi charges was high from the 3-lane apartment of the same old-ro 40-ro, the destination of which was the same, one time for the most left

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

2. On August 19, 2014, around 03:10 on the 12nd day of the Gwanak-gu, Seoul Special Metropolitan City, the Defendant: (a) expressed that the taxi driver C requested the head F of the police station E zone belonging to the Seoul Gwanak Police Station E zone, who is on patrol to assist in the crime described in paragraph (1) and used the said F to verify the circumstances, and assaulted the F’s left left part of the f at one time by hand.

The Defendant continued to arrest a flagrant offender under the suspicion of obstruction of the performance of official duties, and brought him into the E district, and subsequently brupted the F with a view to “Cexpule” and “Woo”, and assaulted F with a drinking f at least once.

Accordingly, the defendant interfered with the police officer's criminal investigation and the lawful execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. The statement concerning F;

1. Application of C’s written laws and regulations

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 136 (1) of the Criminal Act 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 Article 62(1) of the Criminal Act in the suspension of execution is that the defendant committed the instant crime by drinking alcohol to the extent that he/she is unable to memory his/her act, and the victim C wishes to be punished by the defendant, as agreed with the victim C.