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(영문) 서울동부지방법원 2015.02.10 2015고단66
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On January 4, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents against Drivers) was under the influence of alcohol on January 18:20, 2015, while getting in the CYF YFstynael taxi chief operated by the victim B (the age of 40) in the Myeonn Station in Jung-gu Seoul Metropolitan Government, and was under the influence of alcohol, around 18:50, the Defendant 1 was under the influence of the victim’s right ear by hand, without any justifiable reason, at around 18:50, was under the influence of alcohol. The Defendant expressed the victim’s desire to “Nek knb knb knb knb knb”

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

2. At around 18:50 on the same day as the above 18:50 day, the Defendant: (a) obstructed the performance of official duties; (b) the police officer affiliated with the D District Unit of the Seoul Gangseo Police Station D District, Gangdong-gu Seoul Metropolitan Government Police Station, who was called out after receiving 112 reports that “the Defendant abuseds a taxi in the taxi; and (c) served the Defendant at one time on the back of the Seoul Gangdong-gu Police Station, Gangdong-gu, Seoul; and (d) served the Defendant on the front of the Defendant’s residence, and served the Defendant on the back without any justifiable reason.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of the police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of B and E;

1. Application of Acts and subordinate statutes to a report on investigation (verification of Track Images Images);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Basic sphere of the recommendation range of crimes of obstruction of the performance of official duties (in the case of coercion of the performance of official duties), category 1 (in the case of June to April); and

2. The basic area (2 to 10 months) of the Act on the Aggravated Punishment, etc. of Specific Crimes shall be limited to the recommended range of crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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