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(영문) 서울중앙지방법원 2019.06.14 2019고합199
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, 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 February 8, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) stated that “E” is “E” for the victim after getting aboard D buses operated by the victim C (year 55) in front of Jongno-gu Seoul Metropolitan Government (age 55).

At this time, the Defendant listened to the horses that “the direction differs” from the victim, and thereby, the Defendant saw the horses “the bit of bitch, such as the bitch fom,” which read “the bitch fch fch fch fch fch fch fch fch fch fch fch fch fch fch fch fch fch fch fch fch fch febbb, boms the victim’s face several times, and febb

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

2. 공무집행방해 피고인은 2019. 2. 8. 05:02경 서울 종로구 B 앞 도로에서 ‘버스에서 난동을 피우는 사람이 있다’는 112신고를 받고 현장에 출동한 서울혜화경찰서 F파출소 소속 순경 G이 피고인의 폭력행사를 제지하고 피고인을 체포한다는 이유로 화가 나 손으로 G의 뺨을 2회 때리고, 발로 G의 오른쪽 허벅지를 1회 걷어찼다.

As a result, the defendant assaulted police officers to interfere with the legitimate execution of duties of police officers in relation to the 112 Report Handling.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Each police statement concerning C and G;

1. C and G photographic data;

1. Application of investigation reports (specific, etc. of suspects) and investigation reports (booms and videos)-related Acts and subordinate statutes;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by the driver or assault), and Article 136 (1) of the Criminal Act concerning criminal facts (the point of obstruction of performance of official duties and the choice of imprisonment);

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the Act on the Aggravated Punishment, etc. of Specific Crimes (the crimes, such as driver, assault, etc. which are heavier)

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