특정범죄가중처벌등에관한법률위반(운전자폭행등)등
A defendant shall be punished by imprisonment for not less than five months.
Of the facts charged of this case, the prosecution against assault and insult is dismissed.
Punishment of the crime
[Criminal Power] On May 24, 2016, the Defendant was sentenced to eight months of imprisonment for the obstruction of performance of official duties by the Seoul Western District Court, and on November 8, 2016, the Seoul Southern Prison completed the enforcement of the sentence.
【Criminal Facts】
Around 21:40 on December 2, 2018, the Defendant 2018 was under the influence of alcohol in the vicinity of Songpa-gu Seoul, Songpa-gu, Seoul. Around 21:40 on December 2, 2018, the Defendant was able to take the back seat of a cab operated by the victim B (the age of 63) and was able to take a bath for the victim who was able to ask him/her for accurate destination in front of the fourth second sentence of the Songpa-gu, Songpa-gu, Seoul. The Defendant 201 was assaulted when the victim was able to sleep his/her head by drinking on the part of the victim.
Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.
『2019고단69』 피고인은 2018. 10. 12. 23:30경 서울 송파구 D, 5층에 있는 피해자 E(30세)이 매니저로 일하는 ‘F’에서, 마사지를 받으러 갔다가 피해자로부터 ‘예약이 꽉 차서 새벽 2시쯤 예약 가능하다’는 말을 듣자 피해자에게 “그럼 예약이 필수라고 써놓아야지 꼼보, 씹팔새끼야”라는 등의 욕설을 하고, 큰소리로 “내가 누군지 아냐, 넌 내일 죽여버리겠다. 씨팔 새끼야 가게 망하게 하겠다”는 욕설 등을 하며 약 15분간 소란을 피워 업소 안에 있던 손님들을 나가게 하였다.
Accordingly, the defendant interfered with the business of the victim's marina business by force.
Summary of Evidence
1. Previous records of judgment: Criminal history records, inquiry reports, investigation reports (verification of the same kind of power and the confirmation of crimes during the period of repeated crimes), and personal confinement status "2018 Highest 4303";
1. Defendant's legal statement;
1. The police statement concerning B;
1. Each investigation report (No. 4,6,9,14 No. 14);
1. Each photograph and CD "2019 Highest 69";
1. Defendant's legal statement;
1. Statement to E by the police;
1. The investigation report (No. 12 No. 12);
1. Application of CCTV video CD-related Acts and subordinate statutes 1.