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(영문) 서울중앙지방법원 2014.11.07 2014고합1011
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

1. The punishment of the accused shall be one year and six months;

2.Provided, That the foregoing shall not apply for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 특정범죄가중처벌등에관한법률위반(운전자폭행등) 피고인은 2014. 7. 22. 01:57경 서울 관악구 관천로 89에서 피해자 C(51세)이 운전하는 택시(D)에 탑승한 후 목적지인 경기 시흥시 정왕동으로 가던 중 피고인이 위 차 안에서 구토를 하여 피해자가 차를 서행하자 갑자기 발로 피해자의 우측 목부위 등을 수회 걷어찼다.

As a result, the defendant assaulted the victim who is a driver of a vehicle in operation and caused on the right side of the victim who is in need of treatment for about two weeks.

2. On July 22, 2014, around 02:10 on July 2, 2014, the Defendant: (a) committed a crime described in paragraph (1) in front of the “F” located in Gwanak-gu in Seoul Special Metropolitan City; (b) was arrested of a flagrant offender to the police officer of the Seoul Gwanak-gu Police Station G police box and transferred the patrol vehicle to the G police box; and (c) was assaulted by the victim, such as the victim’s party platform and buckbucks, walking at five times due to the outbreak of buckbucks; (d) the victim’ face

As a result, the defendant interfered with the legitimate execution of duties by police officers regarding the arrest of flagrant offenders, and at the same time, damaged the victim's character of croc whose treatment days cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. C’s statement;

1. A medical certificate of injury and a written confirmation of medical treatment;

1. Application of the statutes governing suspect photographs;

1. In cases of injury resulting from violence by the relevant legal driver or driver of the crime: The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes: In cases of injury to the performance of official duties: Article 136 (1) of the Criminal Act: Article

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on the crimes of obstruction of performance of official duties, the crimes of injury, and the punishment imposed on the crimes of serious injury committed on the market);

1. Selection of imprisonment with prison labor for the crime of elective injury;

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

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