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(영문) 서울서부지방법원 2021.03.31 2020고단4103
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 September 16, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. of Drivers) committed assault against the victim B (the remaining, 55 years old) in front of the Gu office of Jongno-gu Seoul Jongno-ro, Jongno-gu, Seoul, by taking a cab in the vicinity of the Southern-gu, Seoul, the destination of which is the south-gu, Guro-gu, Seoul, while taking a back from the south-gu, Nam-gu, Seoul, the destination of which was going back to the south-gu, the Defendant expressed the victim's face, and intending to take the victim's face back to the face of the victim because the victim is likely to cause a traffic accident, and the victim tried to take the victim's body and forced the driver to drive the cab.

2. On September 16, 2020, the Defendant attempted to impair the utility of goods used by other public offices located above the patrol vehicle on the ground that the police was sent out after receiving a report from 112 on the roads of the above Sungsan 2, 2020, and the police was bad. However, the Defendant attempted to commit an attempted violation on the ground that the flag was flaged and flaged. However, the Defendant did not have any damage to the extent that the repair was necessary.

Summary of Evidence

1. The application of Acts and subordinate statutes concerning investigation report of police statements by the defendant on the defendant's legal statement B (verification of damage situations related to damage to public goods), investigation report (information analyzing video data by patrol vehicles), investigation report (matters related to the estimates for repair of the damaged patrol vehicles), investigation report (matters related to the estimates for repair of the damaged patrol vehicles);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver), Articles 143 and 141 (1) of the Criminal Act (the point of attempted damage to goods for public use) and the choice of imprisonment with prison labor;

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. Although the defendant's reasons for sentencing under Article 62-2 of the Criminal Act include violence, interference with the execution of official duties, damage to property, and the driver's assault as prescribed by the Act on the Aggravated Punishment, etc. of Specific Crimes, the crime of this case is committed.

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