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(영문) 부산지방법원 동부지원 2019.05.08 2019고단280
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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

Reasons

Punishment of the crime

1. On February 6, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.) (hereinafter “Aggravated Punishment, etc. of Specific Crimes”) was on the street in front of the Busan, Jin-gu B market, Busan, and was under the influence of alcohol by the victim C (the age of 66), and was driving the said taxi in the direction opposite to his destination and opposite to his destination on the ground that the victim was driving the yellow-gu tunnel at around 21:20 on the same day, the Defendant obstructed the operation of the said taxi on the grounds that the victim was in the direction opposite to his destination, and interfered with the operation of the said taxi on the grounds that the victim was driving in the direction opposite to his destination and the speed change, and caused the victim to stop the said taxi by hand and shake the victim’s arm and body.

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

2. The Defendant engaged in obstruction of performance of official duties, at the date, time, and place mentioned in paragraph (1) of this Article, expressed that “A private taxi engineer will not be drunkly driven,” and the police officer affiliated with the Busan Southern Police Station E zone located in the Busan Southern Police Station, expressed his/her desire to ask the Defendant personal information, “I will know why I will draw, shot,” and assaulted him/her on one occasion on the right side of the above F on the drinking.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on criminal investigation without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. C (1, 2 times) each police statement with respect to F;

1. Application of Acts and subordinate statutes to a report on investigation (field conditions, witnesses, etc.) and a report on investigation (to listen to shot G phone statements);

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

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes.

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