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(영문) 서울동부지방법원 2016.11.02 2016고단3124
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendants shall be punished by imprisonment for not less than eight 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 September 19:12, 2016, the Defendant used a driver of a motor vehicle operating on the part of his/her hand at around 19:15 on the same day while getting on and off a taxi operated by the victim B in Seongdong-gu Seoul Metropolitan Government, Seongdong-gu, Seoul, for the purpose of “Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes (Aggravated Violence, etc.)” and assaulting the driver of a motor vehicle operating on the part of his/her hand when he/she shoulders the victim’s left side.

2. On September 10, 2016, the Defendant interfered with the performance of official duties by assaulting the police officer D, who belongs to the Seoul Mine Police Station C District, to take the Defendant into custody and carry out a written statement by the Defendant’s above act, thereby hindering the police officer’s legitimate performance of duties concerning the prevention and investigation of the crime, public peace and order, and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement B and D to the police protocol;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 136 (1) of the Criminal Act concerning the relevant criminal facts, and Article 136 (1) of the Criminal Act;

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 Criminal Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) does not apply to the second re-offending in that the person committed several times of punishment due to obstruction of performance of official duties or violence, but does not have any criminal record exceeding the fine within the last twenty years; Article 62 (1) of the same Act; Article 62 (1) of the same Act does not apply to the confession, depth, and not re-offending; Article 62 (1) of the same Act

1. Social service order under Article 62-2 of the Criminal Act;

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