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(영문) 서울북부지방법원 2016.11.17 2016고단3802
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 this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around 01:20 on August 22, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc., of Specific Crimes, etc., (the same shall apply to a driver, assault, etc.) spits spit down on the frontwest side of the taxi while getting on a D taxi operated by the victim C (the age of 56) in the vicinity of the Seongbuk-gu Seoul Modong Modong-gu, Seongbuk-gu, Seoul, while getting on board a D taxi in the vicinity of the Seongbuk-gu Modong Modong-gu, Seongbuk-gu, Seoul, and assaulted the victim’s right shoulder, who gets on a taxi, by putting him/her on the frontwest of the

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

2. Around 02:00 on August 22, 2016, the Defendant expressed that “F” in front of “F” located in Dongdaemun-gu Seoul, and received a report on the criminal facts set forth in paragraph (1) above, the police officer H(30 years of age) who belongs to the Dongdaemun-gu Seoul East Police Station G Police Station G commander called the Defendant’s petition that “I am the police blick. I am the police blick. I do not commit the crime of universality. I am the Defendant’s chest and shoulder, and assaulted three times on the floor of drinking and shoulder.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases due to violence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and H;

1. Application of the photographic Acts and subordinate statutes;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Standard for sentencing grounds under Article 62 (1) of the Criminal Act for suspended sentence;

(a) Basic area of the obstruction of performance of official duties (the scope of recommendations) (the obstruction of performance of official duties and coercion of official duties)

(b) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Scope of Recommendation).

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