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(영문) 서울북부지방법원 2019.07.24 2019고단2038
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 16, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) was on board a taxi operated by the victim B (the age of 57) in the vicinity of the 384-1 Station in the Asia-ro, Gwangjin-gu, Seoul Special Metropolitan City on March 18:12, 2019, and was assaulted by the victim without any reason for a shoulderer, the Defendant, who was aware that the victim arrived at the destination of the Defendant, and was locked.”

2. On the same day as indicated in paragraph (1), around 19:15, the Defendant committed an assault by police officers, such as Nowon-gu Police Station E-district F, a slope F, etc., who was called out after receiving the said 112 report in front of the C Apartment D, Nowon-gu, Seoul, on the one hand, about the above F’s left-hand bridge to the patrol police officer who attempted to arrest the Defendant in the act of committing an act of committing an offense, and obstructed the police officer’s legitimate execution of duties concerning the handling of the 1

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and F;

1. Receipts and photographs of damaged parts;

1. Application of Acts and subordinate statutes to a investigation report (Scambox image verification, submission of a voice file with a victim B Hand, and confirmation of a black 62 video file);

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 same Act concerning the punishment of the crime, the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. are the crimes of Category I (Assaults) (Scope of Recommendation), Type I (General Violence) of the Basic Area (2 months to 10 months) (Obstruction of Performance of Official Duties) [Scope of Recommendation] of the obstruction of performance of official duties (1 month to 8 months), the mitigation area (1 month to 1 month), the mitigation area (2) of the obstruction of official duties (a special mitigation person) (a special mitigation person) of the mitigation area (a person) of the obstruction of official duties.

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