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(영문) 서울서부지방법원 2016.04.27 2016고단543

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On February 5, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault against a driver) : (a) around 21:50 on February 21, 2016, the victim who was unable to take the victim’s bath while drunking on a taxi that was operated by the victim D(54 years old) on the road of the C gas station located in Mapo-gu Seoul Metropolitan Government; and (b) was able to take the victim’s bath against the victim without any justifiable reason while being drunk; (c) the victim

C. The expression “C.” and assaulted the victim’s threshold at one time in drinking.

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

2. 공무집행 방해 피고인은 2016. 2. 6. 04:00 경 제 1 항과 같이 D를 폭행한 범죄사실로 현행범인 체포되어 마포 경찰서 E 팀에 인계 되어 대기실에서 대기하게 되자 근무 중인 경찰관들을 향해 “ 씹새끼들 너희 옷 벗겨 버리겠다, 좃 같은 새끼들 아 ”라고 큰 소리로 욕설을 하고 입고 있던 바지를 내려 소변을 보고 계속하여 대변을 보겠다며 주저앉아 괴성을 지르고, 계속하여 피고인을 유치장에 입감시키려 던 마포 경찰서 소속 경찰 관인 피해자 F(34 세) 의 얼굴을 이마로 들이받고 피해자의 얼굴에 침을 뱉는 등 폭행하여 경찰관의 정당한 집무집행을 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

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

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

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. Crimes 1 (Obstruction of Execution of Official Duties) on the grounds of sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) of the Act on the Suspension of Execution and the Act on the Punishment of Specific Crimes (the scope of recommended punishment) [the scope of interference with the performance of Official Duties] and the basic area (six months to one year and four months) [the person who is subject to special sentencing] (the person who is subject to special sentencing] of the Act on the Punishment of Specific Crimes (Assault) [the scope of recommended punishment].