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(영문) 서울동부지방법원 2018.11.16 2018고합285
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On August 17, 2018, the Defendant, around 22:30 on August 17, 2018, 2018, 23:10 on the same day, when he/she was boarding a taxi operated by the victim C in front of the digital street in the Gwanak-gu Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, and came to the northwest of the Jyangdong-dong, Seoul, on the same day, he/she suffered from the injury, such as the victim's face face level twice, and the victim's neck who was driven by his/her hand, and suffered approximately two weeks of treatment for the victim.

The 2018 Gohap 303 reported that the taxi articles on board the Defendant were assaulted by the Defendant, and the Defendant reported 112. Upon receiving the above 112 report, the Defendant sent the patrol car to the police station D District E, etc. belonging to the Seoul Mine-gu Police Station D, Seoul and the earth.

around 23:50 on August 17, 2018, the Defendant, at a “D District” parking lot located in the Seoul Gwangjin-gu Seoul Special Metropolitan City F, and the above E, “I have arrived in the earth, so it is essential to do so.”

In the words "E", the above E expressed the desire to "Seman Ma", and was boomed by both hands, with the head debt of the above E.

As above, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of reported cases.

Summary of Evidence

"2018 Gohap 285"

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on investigation (referring to cases concerning victim booms images);

1. Four copies of a photograph of cambling, a CD of a film cambling video;

1. An injury diagnosis letter "2018, 303 Gohap;

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (verification of black stay images);

1. Application of the Acts and subordinate statutes governing black boxes and video CDs;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing violence to a driver) against the crime, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, and the choice of imprisonment with prison labor);

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.

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