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(영문) 대구지방법원 서부지원 2021.01.29 2020고단1982

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 24, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. of Drivers) was under the influence of alcohol in front of C in Daegu Suwon-gu, Daegu-gu, about 05:50 on May 24, 202, and was on board as a passenger at the head of E-si operated by the victim D ( South, 57 years old), while the victim who was a taxi driver was under the influence of alcohol in front of C, the victim was tightly pushed the victim’s shoulder by asking the Defendant’s destination.

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

2. For the same reasons as the date, time, place, etc. set forth in paragraph 1, the Defendant destroyed the victim’s mobile phone by putting the boomer from the 2nd line owned by the victim D in hand, and destroying the victim’s mobile phone by putting the victim’s cell phone up to the boom, thereby damaging the property owned by the victim of the repair cost.

3. The Defendant was arrested on May 24, 202 as the current offender under suspicion described in paragraphs 1 and 2 at the Daegu Jung-gu Police Station G District in Daegu-gu, Daegu-gu, Seoul-gu, on May 24, 2020, and was in custody. “The Defendant was in his own possession on the fighting of Shee.”

Mespits spits frine on the face of police officers H ( South, 32 years old) who were working at the same place while taking a bath, such as "Mady fla".

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. To report internal investigation of the police statement D in relation to the defendant's legal statement H (case of the victim's speech and behavior A) and the victim's mobile phone photograph;

1. Application of report on internal investigation (related to attachment of photographs taken by a police officer dispatched to the scene), and application of statutes on field photographs;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Crime, Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.