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(영문) 의정부지방법원 고양지원 2017.10.27 2017고단2659
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

Punishment of the crime

1. On August 25, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. of Drivers) (hereinafter “Aggravated Punishment, etc.”): (a) around 00:20 on August 25, 2017, the Defendant was boarding a taxi for business use operated by the victim D before the station located in subway 3 lines of the Eunpyeong-gu Seoul Metropolitan Government, Seoul Metropolitan Government, and (b) on the same day, when he was drunk for the first time in Gyeyang-gu F around 00:40,

“A victim’s face being driven by drinking as a drinking is fluored once, and when the victim stops the said taxi, he/she assaulted the victim in operation, such as getting off from the taxi to the driver’s seat, and cutting down the arms of the victim who sited in the driver’s seat.

2. On August 25, 2017, the Defendant: (a) prepared a written statement at the H box located in Gyeyang-gu G G on the charge of committing a crime described in paragraph (1), and (b) deemed that he or she neglected the police officer’s legitimate performance of his or her duties by hearing I, a police officer belonging to the said police box, “I am unable to write letters”; and (c) engaging in very rough entertainment in a very large sense that he or she would “I am flick to disregard the present police officer’s head at one time,” and interfered with the police officer’s legitimate performance of duties concerning criminal investigation by assaulting the police officer’s head at one time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to the police with regard to I, and a police statement made to D;

1. Application of statutes on site photographs;

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 and Article 136 (1) of the Criminal Act concerning the crime (elective of imprisonment);

1. Articles 37 and 38 (1) 2 and 50 of the Criminal Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant, even though he/she had the same kind of driver's assault and driver's bodily injury, is disadvantageous to the defendant's act of crime of this case and the act of interfering with

However, the defendant shows his attitude against the victim and agreed with the victim driver.

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