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(영문) 서울남부지방법원 2014.04.17 2014고합32
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 20:50 on December 31, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.) committed bodily injury, such as escape, etc., on the part of the victim who spits down the ebbbbage of the vehicle floor by drinking alcohol while getting a DNA taxi operated by the victim C (the age of 56) and driving in the south-dong circulation of the error south-dong Seoul Metropolitan Guro-gu Seoul Metropolitan City into a tent direction.

2. At around 20:52 the same day as the preceding paragraph, the Defendant expressed the victim F (38 years of age) of the victim police officer belonging to the Seoul Guro Police Station E-gu Seoul Metropolitan Government Police Station, who was arrested as a flagrant offender on suspicion of inflicting an injury on a taxi engineer in operation, and was in flight at the district, on the ground that he was arrested as a flagrant offender at the seat of Guro-gu Seoul, Guro-gu, Seoul, and obstructed the legitimate execution of duties concerning the suppression and investigation of the police officer’s crime by assaulting the police officer, such as sprinkling, spacking the victim’s body, sprinking the victim, sprinking the victim, sprinking the victim, spacking the victim, spacking the victim, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement against F and C;

1. Application of the Acts and subordinate statutes, such as standing parts, photographs, etc. of the victim;

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

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment of the crimes above two crimes)

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The sentencing under Article 62(1) of the Criminal Act is as follows.

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