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(영문) 서울남부지방법원 2019.01.10 2018고합510
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 21, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.) committed assault on the rear seat of the taxi driver's seat operated by the victim C (manam and 59 years old) on the front side of the B apartment of Yeongdeungpo-gu Seoul Metropolitan Government and driving about about about 300 meters to the front side of the D apartment of Yeongdeungpo-gu Seoul Metropolitan Government. The Defendant committed assault, under the influence of alcohol, at around 20 meters to the rear side of the victim's head, fright back the victim's head, fright back the victim's right side on the left part, 20 times to the left part of the victim's face on about 20 occasions with the left part, and continuously assaulted the victim's right side on both hand.

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

2. On September 21, 2018, around 22:50 on September 21, 2018, the Defendant insultd the victim of the police officer belonging to the Seoul Yeongdeungpo Military Police Station E-gu Seoul Military Police Station, who was called up after receiving 112 a report that “a passenger assaultss on a taxi,” and sent out to the victim F of the victim of the police officer belonging to the Seoul Military Police Station E-gu Seoul Military Police Station, who was called up with approximately 10 taxi engineers C and passed, thereby openly insulting the victim.

3. When the police officer F asks the Defendant to ask his personal information and move to India at the time, time, and place specified in Paragraph 2, the Defendant committed assaulting the police officer F’s body part of the police officer on two occasions by hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each written statement of C;

1. Evidential video CDs;

1. Application of Acts and subordinate statutes to a report on investigation (the confirmation of a victim's motion picture image), investigation report (the confirmation of a cellphone image by a police officer);

1. Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent Act, Article 311 of the Criminal Act, and Article 311 of the Criminal Act.

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