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(영문) 부산지방법원 동부지원 2021.01.15 2020고단2369
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for 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. On August 6, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. of Drivers) around 01:50 on August 6, 2020, around F in the middle seat of the taxi that the victim D (68 years of age) was on board at the seat of the financial institution located in the Geum-gu, Busan, U.S., and came to the front of F in Busan, which was in the middle seat of the taxi that the victim D (68 years of age) was driving. The Defendant 3-4 times again expressed the victim’s face who was seated in the driver’s seat while hearing the victim’s desire to have arrived at the destination.

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

2. On August 6, 2020, at around 02:00, the Defendant: (a) expressed that the passengers would not pay the fare; (b) would have attempted to leave the taxi; (c) would have failed to pay the taxi fee from the police officer I belonging to the said police box; and (d) requested that I stop the Defendant and pay the taxi fee again; and (c) he assaulted the I’s chest part of her chest once.

Defendant continued to go to and go to the police box on his own in compliance with the request by the Defendant.

I's shoulder part of the I was assaulted by having tightly the part in his arms.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties on crime prevention and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to photographs of police officers who have suffered damage from the police statements made to D or I, and to CCTV-fashion;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor for each crime;

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. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution lies in a police officer who renders a plaque to a taxi engineer while driving, and is performing official duties.

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