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(영문) 서울동부지방법원 2017.09.21 2017고단1913
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for four 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 May 31, 2017, at around 02:35, the Defendant boarded the back seat of the E-si driven by the victim D (60), and led the victim’s arms while under the influence of alcohol, she was driving on the back seat of the E-si located in Gwangjin-gu Seoul Special Metropolitan City, with a sound of “a person who gets in front of the Dong-dong,” while under the influence of alcohol, she was under the influence of alcohol while driving the driver’s arms.

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

2. The Defendant: (a) around 02:40 on May 31, 2017, within the G police box located in the Seoul Gwangjin-gu Seoul Special Metropolitan City Gwangjin-gu F, the Defendant: (b) the Defendant got D while hearing the above D’s statement of assault damage.

Habk Habk "Habk" and Habked the Habb by h, kicking Hab by hand, Habing H from the police station belonging to Seoul Minejin Police Station, and Habk caused Habs et al. to face on the book.

As a result, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to D or H;

1. Application of Acts and subordinate statutes to a criminal investigation report (CCTV image data), investigation report (to listen to the I telephone statement report)

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 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The case where the degree of violence (i.e., January to August) in the mitigated area (i.e., January to August) (ii) in the mitigated area (i.e., special mitigated persons) [ii) in the crimes (i.e., interference with the execution of official duties) in the case of minor degree of violence [the scope of recommended punishment] in the mitigated area (i.e., January to August), (ii) in the mitigated area (ii) (i.e., the scope of recommended punishment] in the mitigated area (i., January to August) (ii) in the mitigated area (i.e., assault, intimidation, deceptive means, or the degree of interference with official duties.

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