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(영문) 청주지방법원 충주지원 2015.07.24 2015고단151
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 22:20 on January 17, 2015, the Defendant, who violated the Act on the Aggravated Punishment, etc. of Specific Crimes (traffic assault, etc.) was boarding a D taxi driven by the victim C in front of the Cheongdong-gu Cheongdong-gu Seoul Metropolitan Government B apartment, and without any reason, was asked by the victim that “I would be able to board an expressway as soon as possible because I would be able to use the expressway.”

As the victim parked a taxi in the E-art parking lot located on the same side, the victim's face was 3 times higher than the victim's face, and the victim was strokeed by hand.

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

2. At around 23:10 on the same day, the Defendant: (a) received a 112 report from the said EM parking lot; (b) received a request for voluntary performance along with questioning of the instant police officer G and security guards H; and (c) received a request for voluntary performance of the police officer’s duties; and (d) received a request for voluntary performance of duties from the police officer G and security guards H; and (c) led to voluntary performance

피고인은 위 F파출소에 이르러 위 경찰관들에게 주먹을 휘두르고 위 H에게 “야 개새끼야, 니들이 뭐 하는 게 있는 새끼들이냐. 십팔놈들아 다 죽이겠다"라는 등 욕설을 하여 H으로부터 제지를 당하자 종이컵에 들어있던 물을 위 H의 얼굴에 뿌리고, 계속하여 책상에 앉아 피고인의 인적사항을 조회하고 있던 경사 G의 다리를 발로 2회 가량 걷어차고, 위 G의 팔을 발로 2회 가량 걷어찼다.

Accordingly, the defendant interfered with the police officers' legitimate execution of their duties concerning the control of crimes and the maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to G, H and C;

1. CCTV closure photographs and video CDs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant provisions concerning facts constituting an offense;

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