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(영문) 서울서부지방법원 2017.12.14 2017고단3137
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 특정범죄 가중처벌 등에 관한 법률위반( 운전자 폭행 등) 피고인은 2017. 7. 6. 00:10 경 술에 취한 상태로 피해자 C(62 세) 이 운행하는 D 택시의 조수석에 탑승하여 목적지로 가 던 중 위 택시가 서울 마포구 망원동에 있는 성산 대교에 이르자, 운행 중인 피해자에게 수차례 얼굴을 들이밀며 빤히 쳐다보다가 피해 자로부터 그 행위의 중지를 요구 받자 격분하여 주먹으로 피해자의 뒤통수를 수회 때려 폭행하였다.

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

2. The Defendant interfered with the performance of official duties caused a traffic accident by assaulting a taxi engineer at the time and place indicated in paragraph 1.

“A police officer of Mapo Police Station, who was dispatched upon receipt of a report 112, was arrested as the current criminal of the crime described in paragraph 1 from F by the police officer F to the police officer assigned to the Seoul Mapo Police Station E box.

After having the Defendant aboard the back seat of the patrol vehicle, the Defendant expressed F, who was on board the driver’s seat, with the larger sound, “F, with the death of her mother, fla head, fla head, fla head,” and flabed the F’s police flab by carrying the flab by hand, and flabing the flab by hand, flabing the flab and the flab by hand, flabing the head, and flab by flabing the flab by hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the notification processing and arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (verification of black stay images);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the point of assault by a driver, the choice of imprisonment with prison labor), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties and the choice

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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