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(영문) 서울동부지방법원 2021.03.25 2020고단4182

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. 특정범죄 가중처벌 등에 관한 법률위반( 운전자 폭행 등) 피고인은 2020. 11. 20. 22:05 경 서울 송파구 B에 있는 송 파 경찰서 C 지구대 앞길에서, 피해자 D( 남, 66세) 가 운행하는 택시 (E )에 승차 하여 F 역 2번 출구까지 약 270m를 이동한 후 피해 자로부터 목적지에 관한 질문을 받게 되자, 목적지를 말하지 않은 채 술에 취하여 욕설을 하고 이에 C 지구대를 향해 후진하기 위해 조수석 윗부분에 둔 피해자 손 부분을 휴대전화를 쥔 채 손을 이용하여 내리 치고, 다시 피해자를 때릴 듯이 하였다.

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

2. On November 20, 2020, the Defendant obstructed the performance of official duties from the 1st floor of the Songdong Police Station located in Songpa-gu, Seoul on November 23:10, 202 to the 221st floor of the Songdong Police Station, which was arrested in a flagrant offender in the C District, and transferred the body body to the Songdong Police Station in order to undergo an additional investigation, due to the above circumstances, the Defendant assaulted, on his own, the part of the knife of G, a police officer in front of the C District, who was in front of the C District, and tried to re-emit the G with the knife part of the h face and the knife part of the knife of the C District, who was a police officer in front of the C District

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the arrest of flagrant offenders.

Summary of Evidence

1. Statement of the defendant in the first trial record;

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

1. Application of the investigation report (verification of black stuffs), investigation report (verification of CCTVs in the C District), investigation report (verification of CCTVs in the C District), and investigation report (verification of CCTVs in the C District Police Station in the C District and attachment of photographs) to statutes;

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 (selected of imprisonment with labor) of the relevant Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. An agreement is reached with the victim, who is a taxi engineer with the reason for sentencing under Article 62(1) of the Criminal Act.