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(영문) 창원지방법원 2014.07.25 2014고단1523
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 22:58 on May 13, 2014, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (accident against a driver) committed assault, such as: (a) around the lapse of 17-1st day of 17-3-ro, e.g., e., f., the victim E, who was driven at the back seat of the front seat of the Korean-si branch located in the counter of Changwon-si branch; and (b) around the lapse of 17-1st day of 17-1, e.g., the victim under the influence of alcohol, and (c)

2. Performance of official duties;

A. At around 23:20 on the same day, the Defendant: (a) requested to assist the above damage; (b) committed assault, such as: (c) the police officer I, who belongs to the above police box, let the Defendant get off the taxi; and (d) asked the above police officer to ask for personal information; and (c) assaulting the above police officer, such as “Chewing, snick, bring, snick, and snick.”; and (d) “Ping the above I’s left hand hand, etc. on one occasion.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression of police officers' crimes and other public peace and maintenance of order.

B. At around 23:55 on the same day, the Defendant: (a) was arrested as a flagrant offender on the same day; (b) the police officer, who belongs to the above police box, asked the Defendant to ask him personal information, etc.; and (c) the above I expressed that “the police officer, who was arrested as a flagrant offender, committed a crime against the Defendant; (d) the police officer, who was in charge of the above police box, took a bath to the Defendant, such as “the inside and outside of the police box, spack a sprink, and sprink a garbage sprink,” and assaulted the Defendant on once.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression of police officers' crimes and other public peace and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of each Act and subordinate statute to the police statement to E, J and K;

1. Violence committed by a driver provided for in Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment Thereof;

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