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(영문) 서울남부지방법원 2016.11.08 2016고단4179
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 500,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around August 28, 2016, 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 C (the age of 67) in Gangseo-gu, Gangseo-gu, Seoul, Gangseo-gu, 302, while drinking alcohol, and the Defendant was on the part of the passenger while moving the taxi, and was on the part of the victim's sprink and head.

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

2. On August 28, 2016, around 23:23, 2016, the Defendant committed an assault, such as: (a) before the Seoul Gangseo-gu Seoul Gangseo Police Station Estation in Gangseo-gu Seoul, Seoul Police Station; (b) arrested a flagrant offender from a slope F, a police officer affiliated with the said police box, and went to the said police box while boarding the police box; and (c) carrying the f face of the police box by hand; and (d) assaulting the police box by taking the f face of the police box by hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of police officers in flagrant offenders.

3. On August 28, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) committed a disturbance for about 10 minutes during the waiting to undergo an investigation while under the influence of alcohol within the Seoul Gangseo-gu Seoul Gangseo Police Station E box in Gangseo-gu Seoul, Gangseo-gu, Seoul; and (b) committed a disturbance for about 10 minutes, such as passing a noise, “I ambener, team leader, and satisfy to throw away it well.”

Accordingly, the defendant, while under the influence of alcohol, forced or scamed by very rough words and conducts at government offices.

Summary of Evidence

1. Defendant's legal statement;

1. The statement by the police of C and F;

1. Investigation report (investigation into victim F of obstruction of performance of official duties);

1. Application of each statute on photographs;

1. The point of violence against the driver of a motor vehicle under operation of Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, or imprisonment with prison labor for the relevant criminal facts;

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