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(영문) 서울남부지방법원 2017.04.28 2017고단32

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

Reasons

Criminal facts

1. On December 23, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults against drivers) committed an assault against the victim B (58 years old) in the vicinity of the Gangseo-gu Seoul Metropolitan City Gambro Station, taking a taxi in the vicinity of the Gangseo-gu Seoul Metropolitan Gambro Station, and used it in the vicinity of the rear seat in the valley market, which is a destination, under the influence of alcohol, while under the influence of alcohol, and the victim was set off in the vicinity of the 176-4 Yero, 176-4, the Gangseo-gu, Gangseo-gu, Seoul, and then, the victim was able to take a bath against the victim, who was able to take care of the victim.

2. Around 23:45 on the same day as the preceding paragraph, the Defendant: (a) expressed his desire to ask questions about the situation of the occurrence of the instant case from the slope D affiliated with the Seoul Western Police Station C District District, which was called out after receiving the report of 112 on the roads near the said 3:45, the Defendant interfered with the police officer’s legitimate performance of duties concerning the handling of reporting duties.

Summary of Evidence

[Judgment No. 1]

1. Statement by the defendant in court;

1. Statement protocol of the police in B;

1. Videos recorded in black boxes (the fact of the judgment No. 2);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the point of assault by a driver, the choice of imprisonment with prison labor), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties and the choice

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 on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. Scope of the recommended sentences according to the sentencing criteria;

A. 1) Interference with the execution of official duties (basic crimes) (the scope of recommendations) shall interfere with the execution of official duties.