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(영문) 서울남부지방법원 2016.01.07 2015고합498
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On October 13, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver): (a) around 21:05 on October 21, 2015, the Defendant: (b) had a proxy driver E ( South, age 36) drive the Defendant’s vehicle in the vicinity of the bus stop at D gas stations located in Guro-gu Seoul Metropolitan Government; and (c) had the victim E (the victim, South, age 36) who was seated on the rear left of the Defendant’s vehicle without any reason, while under influence

“The victim E’s face side was 4 times in drinking, and the victim E’s face was teared to tear, and the treatment days was suffered.

2. Around 21:15 on the same day, the Defendant sexually insultingd the victim F, a police official, who was called the victim F, who received a report at the place of the above paragraph (1) on the same day and received a report at the said paragraph 112, by openly insulting the victim F, a police officer G, etc. in view of the above E, police officer G, etc.

3. The Defendant interfered with the performance of official duties on the same day on the grounds that the Defendant changed water within the I District located in the same Gu H on the same day, and that the police officer in the I District did not hear the horses in the I District on the grounds that he saw water to the Defendant.

“Absing four police officers, F, etc. to the four police officers, and, at the same time, the chest part of the above police officers, who attempted to restrain it, interfere with the legitimate performance of duties concerning police officers’ duties in relation to their duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. E statements;

1. On-site dispatch reports;

1. Application of the Acts and subordinate statutes to photographs of the victim's upper part, black stuffs images, I global CCTV images, and photographs of the victim's upper part of the body of the victim who photographs the upper part of the victim's back to the victim's F;

1. Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment with prison labor), and Article 311 of the Criminal Act (the point of insult, and the choice of imprisonment with prison labor) concerning the crime;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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