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(영문) 창원지방법원 마산지원 2019.05.10 2019고단55

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 16, 2018, at around 18:36, the Defendant: (a) took a bath to read “this shall spawn, spawn, spawn” while getting on a private taxi driven by the victim D before the Chang-si Madon Association B; and (b) assaulted the above victim’s cocon part, which is being driven by the victim’s own hand, on three occasions by drinking, without any reason.

2. At around 18:40 on the same day, the Defendant: (a) tried to park the said taxi; (b) tried to escape from the taxi; and (c) was able to take the face of the said victim one time on the hand floor; and (d) inflicted injury on the scams and tensions requiring approximately two weeks of medical treatment on the part of the victim.

3. Performance of official duties.

A. At around 20:20 on the same day, the Defendant arrested and detained a flagrant offender on the same grounds as paragraphs 1 and 2 at the detention room of the Mapo-dong Police Station located in Changwon-si, Masan-si, Masan-si, Masan-si, for the same reasons as paragraphs 1 and 2, and then refused to enter the detention room, and assaulted the face E of the Msan-dong Police Station E and F of the process of working at that place at one time as drinking.

Accordingly, the defendant assaulted the above police officer and obstructed his legitimate execution of duties concerning the maintenance of order in his detention room.

B. At around 22:45 on the same day, the Defendant was confined to the above protective detention room at the same place as the preceding paragraph, and tried to move to the general custody room, but also refused to move to the custody room, and assaulted the faces E and G of the Msandong Police Station E and G working in the place.

Accordingly, the defendant assaulted the above police officer and obstructed his legitimate execution of duties concerning the maintenance of order in his detention room.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, and G;

1. The act of assaulting the suspect at the time of each report on investigation;