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(영문) 서울서부지방법원 2014.09.16 2014고단1703
폭행등
Text

A defendant shall be punished by imprisonment for six months.

except that 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. Around 05:55 on March 23, 2014, the Defendant: (a) was drunk in front of the “D” convenience store located in Eunpyeong-gu Seoul Metropolitan Government, and was on a F taxi operated by the victim E (hereinafter “D”) under the influence of alcohol; (b) expressed that “I will not ask the destination of the customer.” The Defendant expressed the victim’s desire to “I will not look at the destination of the customer”; and (c) sought approximately KRW 5,900 from the victim, who was demanded to pay approximately KRW 5,90,00 from the taxi.”

Accordingly, from the victim, the victim heard the phrase "supresively living", and took about three times the face of the victim as drinking.

Accordingly, the defendant assaulted the victim.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the obstruction of performance of official duties were arrested as a flagrant offender from H(56 years of age) around the G District at the Seoul Western Police Station G District, and the victim was notified of the right to refuse to make a statement and the right to appoint a defense counsel during the patrol vehicle while getting in the back seat of the patrol vehicle and getting in the said district while moving to the said district, who was called out by the victim upon receiving a report of the assault under the above provision of paragraph (1).

Accordingly, the defendant assaulted the driver of a vehicle in operation and, at the same time, obstructed the police officer's legitimate execution of duties concerning the arrest of flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E and H;

1. Application of Acts and subordinate statutes of the I;

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 260 (1) of the Criminal Act concerning the crime;

1. The provisions of Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the obstruction of performance of official duties shall be applied.

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