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(영문) 서울서부지방법원 2019.02.14 2018고단4075
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 04:30 on October 20, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (driving of Drivers) (hereinafter “Aggravated Punishment, etc.”): (a) the Defendant was boarding a taxi operated by the victim B (75 years of age) from the waterways Similar to Suwon-dong, Dongdaemun-gu, Seoul and continued to go to the Yongsan-gu, Yongsan-gu, Seoul; (b) the Defendant said that “I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I

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

2. On October 20, 2018, around 04:50 on October 20, 2018, the Defendant, at D District D, located in Seoul Special Metropolitan City, Nowon-gu, sought to enter the said District D District for the police report, and the circumstances surrounding the Seoul Nowon Police Station D District E, which had heard the damage from the said B, recommended the payment of taxi expenses and returning home, and the Defendant “I am this dog” to the said E.

Naran Doran Doctrile

이 개새끼야 쫄았냐.'라는 등의 욕설을 하면서 발로 위 E의 오른 무릎 부위를 2회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and B;

1. Application of the investigation report (the confirmation of internal booms and CCTVs in the D Zone), investigation report (booms and CCTV confirmation) Acts and subordinate statutes;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act, the suspension of execution;

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