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(영문) 서울중앙지방법원 2020.08.19 2020고단3530
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

1. Around March 21, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) stated that the Defendant was boarding the back seat of D-si operated by the victim C in front of Gangnam-gu Seoul on March 13, 2020, and expressed the victim’s desire to “I Chewing................................................, the Defendant used the victim’s arm’s length at the front seat of D-si operated by the victim C, which is located in the direction of Seongdongdong-gu Seoul, the destination.”

Accordingly, the defendant assaulted the taxi driver.

2. On March 13, 2020, at around 22:05, the Defendant: (a) obstructed the performance of official duties: (b) directed the police officer of the Gangnam-gu Police Station G ought to be urged by the police officer of the Gangnam-gu Police Station that “A person was assaulted while driving on the road” to take a 112 telephone report; and (c) assaulted the said H’s chest to the effect that “A person was under the influence of alcohol to the road so that he would have been under the influence of alcohol; (d) by hand, he was compelled by the police officer of the police station of the Gangnam-gu Police Station that called “A person was under the influence of alcohol during driving on the road; and (e) assaulted the police officer of the said H one time to take the b) by carrying the chest of the said H’s chest at one time, and (e) assaulted the face of the saidJ by hand at one time, who was arrested by the police officer of the said police station affiliated with the said police box.

As a result, the Defendant interfered with police officers' legitimate performance of duties concerning handling 112 reported cases and arresting and taking custody of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and J;

1. C’s statement;

1. Two copies of a report indicating damage photographs, police boxes, and 112 service logs;

1. An investigation report (Attachment to a suspect's photograph to the closure of the obstruction of performance of official duties);

1. Application of Acts and subordinate statutes to report on investigation (to hear statements C);

1. Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes, concerning the relevant criminal facts and the choice of punishment.

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