(영문) 서울북부지방법원 2015.02.05 2014고단3986

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(영문) 서울북부지방법원 2015.02.05 2014고단3986

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around September 2, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) committed assault on the part of the victim, such as having the victim enter the F taxi driven by the victim E (the aged 40) in front of the main point of "D" located in Yongsan-gu Seoul Metropolitan Government, and having the victim go to the Jyang-dong in Seoul Special Metropolitan City on the same day at around 06:10 on the same day.

2. On September 2, 2014, the Defendant: (a) around 06:40, the Seoul Gwangjin-gu Seoul Special Metropolitan City, sent to the scene after receiving a report of 112 that “ female guests fright,” and the police officer of the Gwangjin-gu Seoul Special Metropolitan City Gwangjin Police Station Hamjin-gu Police Station Habbs the Defendant’s “E” expressed his desire to “E” and expressed his desire to “E” on the ground of assaulting the Defendant; (b) while the said I listened to the statement of the reporter, I tried to arrest the Defendant as a flagrant offender; and (c) assaulted twice the part of the I’s left snow part of the I’s drinking eye.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of I;

1. Application of the boarding receipt, each photographic statute;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. The sentence shall be determined as ordered in light of the following: (a) there is no previous conviction for sentencing under Article 62(1) of the Criminal Act; (b) the degree of assault is not serious; (c) the crime of this case was committed in a very contingent manner under the influence of alcohol; and (d) the confession of the crime of this case and

참조조문

-특정범죄 가중처벌 등에 관한 법률

-특정범죄 가중처벌 등에 관한 법률 제5조의10 제1항

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