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(영문) 서울남부지방법원 2020.03.27 2019고단6100
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for 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 June 23, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) stated that the Defendant was a driver, etc., who was driven by the victim B (the age of 65) in front of the opening path 47, Guro-gu, Seoul, about 01:00, when the victim was able to take a bath for the victim’s chest and head on the ground that the victim was not driven by his own route.

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

2. On June 23, 2019, the Defendant visited the Seoul Guro Police Station located in Guro-gu Seoul Metropolitan City, Guro-gu, Seoul, with taxi engineers B as the act described in the preceding paragraphs at around 01:30 on June 23, 2019.

The Defendant was recommended by the auxiliary police officers D(22) who were working on the boundary at the above date and at the above location, to the effect that “it is desirable to pay taxi rates to taxi engineers and resolve it smoothly,” and the Defendant respondeded to the complaint, “we can see the seat of the width police station,” and assaulted the chest of the above D on one occasion by drinking.

As a result, the defendant interfered with legitimate execution of duties concerning assistance in the security of auxiliary police officers.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement made to B, D, and E;

1. Application of the Acts and subordinate statutes to photographs of damaged parts of the disaster, a photo by cutting down a black fluor video, and by cutting off CCTV images of the police station;

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

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

1. The violence against the driver of an automobile on the grounds of sentencing under Article 62(1) of the Criminal Act may cause the occurrence of a traffic accident and damage to many and unspecified persons; and

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