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(영문) 서울서부지방법원 2016.04.20 2016고단478
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On January 8, 2016, the Defendant violated the Act on the Aggravated Punishment of Specific Crimes (Assaults against drivers) on the ground that, around 20:30 on January 20, 2016, the victim B (60) who is a taxi engineer was driving a taxi on the roads located near the river basin in Gangseo-gu Seoul Metropolitan Government, Gangnam-gu, and that, among those located in the direction of the Gangseo-gu, Gangseo-gu, Seoul, a victim in the vicinity of the inner net exchange route in the red-dong of Mapo-gu, Seoul Metropolitan Government, caused the Defendant to wear the safety belt.

An article saves the expression "I am. I am. I am. I am. I am. I am. I am. I am. with the left hand, I am. 4-5 am. I am. I am. I am. I am. I am. I am. I am.

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

2. On January 8, 2016, at around 21:00, the Defendant: (a) reported for the foregoing reason at the vicinity of the place specified in paragraph (1) above; and (b) the police officers dispatched after receiving a report for the said reason, sent the Defendant to the lower part of the patrol car, which was set up on the back of the patrol car, the police officers on the back of the patrol car, where the police officers were to arrest the Defendant.

Accordingly, the Defendant damaged the articles used by the D police box of Mapo-gu Seoul Police Station, a public official assistant.

3. 공무집행 방해 피고인은 2016. 1. 8. 21:10 경 서울 마포구 E에 있는 서울 마포 경찰서 D 파출소 사무실 내에서 위 파출소 소속 경찰관인 F이 제 1, 2 항 기재와 같은 범행을 이유로 피고인에게 인적 사항을 물어보자 아무런 이유 없이 발로 F의 배 부위를 1회 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and B;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of violence by a driver), Article 141 (1) of the Criminal Act (the point of damage to goods for public use), Article 136 (1) of the Criminal Act (the point of interference with the performance of official duties) and selection of punishment for each crime;

1. Concurrent Crimes.

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