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(영문) 서울북부지방법원 2015.04.23 2015고단291
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 of the final judgment.

Reasons

Punishment of the crime

1. Around 00:10 on January 18, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) (hereinafter referred to as “Aggravated Punishment, etc.”) was driving by the victim B (52 years of age) on the front of 4.19 March 18, 2015, and was driving by the victim B (52 years of age) in the direction of the west-gu Seoul Western-dong, Seongbuk-gu, Seongbuk-gu, Seoul, the destination of which was located in the direction of the west-gu, Seongbuk-gu, Seongbuk-gu, Seoul.

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

2. At the time and time set forth in paragraph 1, the Defendant assaulted the victim B (year 52) who was assaulted on the street of the Suwon-dong, Gangnam-gu, Seoul, with the same background as that set forth in paragraph 1 in front of the Suwon-gu, Gangnam-gu, Seoul with a view to the same manner as that set forth in paragraph 1, and 5-6 times the victim’s face, body, shoulder, etc. going out of the vehicle and 5-6 times the victim’s face, body, and shoulder.

3. On January 18, 2015, at around 00:30, the Defendant was arrested as a flagrant offender of the crime of assault by the police officer, etc., a police officer, etc. who belongs to the Seoul Southern Police Station D police box, sent out after receiving a report as to the facts stated in paragraph (2) at the place indicated in paragraph (2), and subsequently refused to take patrols, saying, “I will not take the patrols if the police officer does not take the back on the back seat,” while he was on the back seat of the police officer, and was moving to the D police box located in the Seoul Southernbuk-gu F, Seoul, with the Defendant, while having taken the seat on the back seat, and without any justifiable reason, committed assault, such as: (a) selling the left side of the E to the front seat of the police box; and (b)

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest and escort of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of B and E;

1. Application of the victim E-damage photograph Acts and subordinate statutes;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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