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(영문) 서울남부지방법원 2020.09.17 2020고단1909
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 22:40 on December 21, 2019, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) committed assault against the victim, who was on board the back seat of D taxi operated by the victim C (the age of 71) who was under way in the front of Gangseo-gu Seoul Metropolitan Government, with face being pushed up and shouldered by the victim.

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

2. On December 21, 2019, the Defendant: (a) around 23:35, the Obstruction of the Performance of Official Duties: (b) on the street in front of the Crown-gu Seoul Gangseo-gu, Gangseo-gu, Seoul; (c) on the ground that paragraph (1) was examined in the E-district of the Seoul Gangseo Police Station E-gu, Seoul; and (d) spits down the spit on the patrol floor on the back seat of the patrol of 13; (d) on the front seat of the Crown-gu, Seoul Gangseo-gu, Seoul; (d) on the flick-gu, where the slope F of the E-gu, Seoul Gangseo-gu, Police Station E-gu, said flick-gu, said flick-gu, said flick-gu, said flick-gu, said flick-gu, said flick-gu, said flick-gu, and tried the G-gu, said flick.

As a result, the defendant interfered with the legitimate execution of duties of police officers' protective measures.

Summary of Evidence

1. Investigation report by the defendant on the defendant's legal statement (the attachment of a black stuff file and an extractor photograph), investigation report (the investigation of black stuff images) and a victim's statement (victim C);

1. Application of Acts and subordinate statutes to the police statement to F and G;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor for each crime;

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

1. Although the nature of the crime committed by the Defendant for the reason of sentencing under Article 62(1) of the Criminal Act is inferior, the Defendant has to recognize and progress the instant crime.

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