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(영문) 서울중앙지방법원 2017.06.30 2017고단2257
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 18, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (such as a driver’s assault, etc.) committed assault in the Songpa-gu Seoul Metropolitan City, Songpa-gu, on the 65 Olympic Games, following the victim D (63 tax) boarding a taxi in this operation and moving to the school distance. While the victim d (63 tax) under the influence of alcohol, the Defendant expressed the victim’s desire to see that he/she will drive to the normal course bypassing the normal course, and assaulted the victim’s head by booming him/her and continuously booming the breath.

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

2. On March 18, 2017, around 23:55, the Defendant obstructed the performance of official duties, driving and parking the cab to its place at the parking lot of 12 Seoul Gangnam-gu Seoul Gangnam Police Station No. 113, a 113-ro, Gangnam-gu, Seoul, Gangnam-gu, Seoul, the Defendant: (a) driven the cab to request D’s assistance; and (b) “I Hab Hab??

“In the process of dismissal,” the police officer E, who is under the duty to carry out security service at the same place, threatened him/her with the face of the above police officer, by taking the attitude that he/she would have been faced with the face of the above police officer, and assaulted the body of the above police officer on board the ship.

Accordingly, the defendant interfered with legitimate execution of duties concerning security and crime prevention of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Investigation report (booming images, damaged photographs, and CCTV video recording images);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 136 (1) of the Criminal Act and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the crime (the point of obstructing the performance of official duties) of the same Act;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The first type of crime (Interference with the execution of official duties) in the sentencing criteria (the scope of punishment recommended) (the scope of punishment) shall hinder the performance of official duties;

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