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Reasons
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(영문) 서울서부지방법원 2015.02.11 2015고단19
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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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 became final and conclusive.

Reasons

Punishment of the crime

1. Around 19:00 on December 27, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Drivers, Violence, etc.) committed an assault against the victim, who is a driver of a vehicle in operation, by asking the victim answer “Ishee Isle Isle” to “Isle Isle Isle Isle? Isle Isle Isle? Isle Isle? Isle Isle Isle? Isle Isle Isle? Isle Isle Isle? Isle Isle Isle? Isle Isle Isle Isle? Isle Isle Isle Isle Isle Is

2. On December 27, 2014, the Defendant: (a) received a report that he/she was assaulted to his/her customers in front of the police box located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) received a request from the victim I, a police officer belonging to the Seodaemun-gu Seoul Police Station, to leave the taxi on several occasions; and (c) rejected the request while taking a bath.

On the other hand, the Defendant continued to take the Defendant’s hand and bring in the taxi, and took the Defendant’s bath to “satisfing, satfing,” and obstructed the Defendant’s lawful performance of duties concerning criminal investigation and reporting by assaulting the victim on two occasions by taking the part of the victim’s entrance in the taxi.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to F and I;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 136 (1) of the Criminal Act related to the crime, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration of reflecting the depth of the crime committed by the defendant and the point agreed with the victim F);

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