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(영문) 수원지방법원 안양지원 2019.06.28 2019고단438
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On January 31, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) committed a assault once again with the victim’s right-hand shoulder, i.e., the victim, who was under the influence of the victim, by asking for destination at the D taxi operated by the victim C (58 years of age) on the street in front of the building B at Jeju, and was under the influence of the victim, who was under the influence of drinking by asking for destination, and who did not comply with the demand of the victim for the return of the victim.

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

2. On January 31, 2019, the Defendant expressed that, around 03:40 on January 31, 2019, G, a policeman belonging to the F District Unit of the Jeju Western Police Station in front of the F District Zone as indicated in paragraph (1), the Defendant attempted to take a bath to C as indicated in paragraph (1), and assaulted the face of the said G at one time on the right drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on crime prevention and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. C’s statement;

1. Photographs of damaged parts;

1. Application of Acts and subordinate statutes to a report on investigation (verification of taxi black 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 offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act seems to have taken an attitude that both the Defendant recognized and reflected the crimes.

Intoxicated, it has been committing a crime by accident.

After the closing of argument, the agreement with the victim of the first crime is completed.

However, the defendant has been punished once as violent crimes and obstruction of performance of official duties.

The defendant.

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