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(영문) 수원지방법원 성남지원 2017.09.21 2017고단1538

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. On May 16, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) was on board the back seat of E-si, Jung-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City) with the wife under the influence of alcohol on the first front of the 1st road in which the other party member was located in Jung-gu, Jung-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City).

Defendant was at the early stage of the Gyeonggi-gu Gyeonggi-si Office, the destination of which was scheduled to board the said taxi, and was at the entrance of the Gulma tunnel located in 83 Sungnam-dong, Sungnam-gu, Sungnam-dong, and without any reason, the Defendant expressed, without any reason, the driver of a motor vehicle in operation, such as her driver’s seat who was seated by the victim one time, and her desire to “Ye Ye Ze Ze Ze Ze Ze Ze Ze Ze Ze Y,” and assault the victim at approximately 2-3 times by drinking on the right side of the victim.

2. 공무집행 방해 피고인은 제 1 항의 일시, 장소에서 112 신고를 받고 출동한 F 파출소 소속 경사 G이 피고인을 진정시키며 당시 상황에 대한 진술을 청취하려 하자 위 G에게 “ 뭐야 이 짭새 새끼야, 이 개새끼야 ”라고 욕설하고, 택시기사를 향해 달려들어 폭력을 행사하려고 하여 위 G이 이를 제지하자 위 G에게 주먹을 휘두르고, 멱살을 잡아 흔들고, 발로 다리를 걷어차는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. Application of Acts and subordinate statutes to an investigation report (as to the attachment, etc. of black stuffs video CDs in taxi vehicles);

1. Relevant Article 136 (1) of the Criminal Act, Article 136 (1) 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, and the choice of imprisonment with prison labor, respectively;

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. Article 62(1) of the Criminal Act (which is against the law and has no criminal record exceeding the fine) and the circumstances leading to the crime.