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(영문) 서울서부지방법원 2014.10.15 2014고단1921
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 1, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) committed assault against the victim, such as the victim’s head frighting and frighting at a F taxi operated by the victim E while under the influence of alcohol in the scenic zone in Jung-gu Seoul, Jung-gu, Seoul and assaulting the victim, who was driven three times in front of the Seoul Jongno-gu, Jongno-gu, Seoul, the Geummun-gu, Seoul, and the head frighting and blicking of clothes.

2. On July 1, 2014, at around 23:25, the Defendant: (a) confirmed the instant case by the superintendent of the police box affiliated with the above police box, who received the report of the instant assault from E in the same manner as the preceding paragraph, and arrested the Defendant as a flagrant offender; (b) arrested the Defendant as a flagrant offender; (c) booming the breath of the said I’s breath with the hand of carrying the Defendant into the said police box; and (d) interfered with the legitimate execution of duties concerning the criminal investigation, etc. by a police officer walkinging the part of the b

3. The Defendant publicly insulting the victim by publicly insulting the victim on the following grounds: (a) the date and time indicated in paragraph (2) and at a place where the police box was recorded, and the police box affiliated with the above police box, etc., stating that “the victim is a bit of bitch bitch, sing, sprink, sprinked, sprinked, sprinked, sprinked, sprinked, sprinked, and sprinked well.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement to I, J and E;

1. E statements;

1. The application of CCTV photographs, damaged part photographs, and the Acts and subordinate statutes governing the written complaint;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 136 (1) and 311 of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the balance of recommendations according to the sentencing criteria (Scope of recommendations) [Obstruction of Performance of Official Duties] The basic area (six months to one year and four months) of the obstruction of performance of official duties (the scope of recommendations];

2. The sentence of sentence is not provided for the nature of each of the crimes in this case, but it is against the defendant.

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