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(영문) 서울남부지방법원 2013.06.27 2013고합161

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 8, 2013, the Defendant violated the performance of official duties, on the one hand, the Defendant: (a) committed an assault, on the other hand, on the part of the police officer, who is a slope F, a police officer belonging to the Yeongdeungpo Police Station E Zone E Zone called out after receiving a report, on the one hand, that he saw the face of the said F.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of police officers' crimes.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.) and the Defendant arrested the victim in the act as referred to in paragraph (1) as an act, and boarded the H police vehicle driven by the police officer G, a police officer belonging to the said E district, into the said E district. After boarding, the victim’s face, hair, shoulder, etc. were taken on several occasions, and the victim’s face and head were taken on several occasions, and the victim’s face and head were taken on about two weeks.

As a result, the defendant assaulted the driver of a vehicle in operation and caused injury, and at the same time interfered with the legitimate execution of duties concerning the prevention and suppression of the police officer's crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. A report on the use of police gear and on the site inspection report;

1. Photographs of the body part of the victim;

1. Application of the legislation in its opinion;

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against Criminal Crimes, and Article 136 (1) of the Criminal Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act (Punishment as provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes and Crimes of Obstruction of Performance of Official Duties provided for in paragraph (2) of the same Article, and punishment as provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, of which punishment is heavier;

1. The provisions of paragraph (1) of the selective crime;