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(영문) 서울북부지방법원 2017.07.19 2017고단2099
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around May 11, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (such as a driver’s assault, etc.) committed an assault against the victim B (73 Does) by putting in and driving a fat in the direction of the signal while under the influence of alcohol while driving a cab in the vicinity of the 443 Green-ro, Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City (73 Do).

2. On May 12, 2017, at around 00:10 on May 12, 2017, the Defendant: (a) received a report from 112 that he assaulted B, a taxi engineer, as described in paragraph (1) at the places described in paragraph (1) 1, and was arrested from police officers D, a police officer belonging to the Nowon Police Station, and E, arrested him as a current offender and boarded for patrol, the Defendant called “at the time of police officer,” and called “at the time of police officer.”

Accordingly, the above E used to assault the right side of E with the defect that he attempted to cause the Defendant to put up, and to walk the right bridge due to the launching.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B, E, and D;

1. A place where he works for the F District;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, Article 136 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the choice of imprisonment with prison labor, respectively;

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. Reasons for sentencing under Article 62(1) of the Criminal Act, including the fact that the attitude and nature of each of the crimes of this case are inferior, that the defendant reflects the fact, that the defendant is the primary offender, and that the person who suffered the assault has agreed with the driver of the victim;

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