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(영문) 서울남부지방법원 2020.11.05 2020고단4247
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 became final and conclusive.

Reasons

Punishment of the crime

1. On August 2, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents against Drivers) (hereinafter “Aggravated Punishment, etc.”) took aboard and moved to the back seat of the taxi seat of the victim C (Name and 59 years old) from 00:10 to the Seoul Yangcheon-gu Seoul Metropolitan City B market, and took a bath without complying with the said victim’s recommendation even though he arrived at the destination, and without complying with the said recommendation, and the victim took four times the head and the shoulder part of the said victim’s cab to the E box located in Yangcheon-gu D to obtain police assistance.

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

2. On August 2, 2020, around 00:46, the Defendant received the 112 report that “no son will lose” on the street in front of the police box located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and recommended the said police officer to invalid, and the police officer of the E police box called “I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, etc.”, and ambling the police officer twice in his possession.

Accordingly, the defendant assaulted police officers in charge of duties to interfere with legitimate execution of duties concerning the handling of 112 Reporting Cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. C’s statement;

1. Application of Acts and subordinate statutes to pictures of mountaine;

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

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

1. Article 62(1) of the suspended execution of the Criminal Act provides that the Defendant is fully aware of and against all of the crimes, the degree of assault is relatively minor, and the Defendant appears to have reduced his or her ability to distinguish by drinking at the time of the instant crime, and the Defendant agreed with the victim, who is the driver, to be the victim.

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