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(영문) 서울서부지방법원 2014.07.08 2014고단732
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 21:41 on March 20, 2014, the Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (such as driver assault, etc.), expressed his/her desire to the victim “I must see, I am, I am going to see, I am to see, I am going to see, I am to see, I am to see, I am to see, I am to see, I am to am, I am to am, I am to am, I am to see, I am to am on the back of the victim’s back head.”

2. On March 20, 2014, the Defendant voluntarily moved to a police box located in Seodaemun-gu D as the assault case as stipulated in paragraph (1) of this Article, and voluntarily took a bath for police officers in that place, and the Defendant took a scam for the purpose of collecting evidence, while the police officers belonging to the above police box to whom the Defendant was able to take a scam for the purpose of collecting evidence.

이에 피고인은 피해자에게 “왜 촬영을 하고 지랄이야. 야 이 씹할 새끼야, 개새끼야, 뭘 째려봐, 너희들이 민중의 지팡이냐.”며 손으로 캠코더를 밀고 피해자의 얼굴을 2회 때려 경찰관의 파출소 근무, 범죄수사 등에 관한 정당한 직무 집행을 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement related to C and F;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 concerning criminal facts, the choice of imprisonment with prison labor, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. The case where a driver of a motor vehicle who is in operation of a motor vehicle in an aggravated area (from April to one year) of the first category of the crime (the scope of recommendation) (the general violence) (the general violence) (the period from April to one year) of the reason for sentencing Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Probation Act (the Act on Probation, etc.).

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