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(영문) 서울남부지방법원 2016.11.04 2016고단2429
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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

However, 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. Around May 14, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) committed assault against the victim, such as: (a) on the street near the 76 new Twit-distance calendar distance in Dongjak-gu Seoul Metropolitan Government, Seoul, by taking a taxi run by the victim B (the age of 58) after drinking alcohol, having taken the taxi in Incheon, and having four knife the right buck of the victim driving without any special reasons.

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

2. On May 14, 2016, around 21:45, the Defendant: (a) reported on May 14, 2016, on the street in front of the Second Security Center located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul; and (b) on the ground that D’s circumstance leading up to the Seoul Yeongdeungpo Police Station C District, dispatched after receiving the said 112 report, demanded the Defendant to verify the identity of the Defendant, the Defendant made one time the left part of D’s hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. B written statements;

1. On-site documentary evidence photographs;

1. Application of CD-related Acts and subordinate statutes

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

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class I crime (Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) (Decision on the Aggravated Punishment, etc. of Specific Crimes) and the basic area [Decision on the Aggravated Punishment, etc. of Specific Crimes] in the case of assaulting crimes of Category I (General Violence), mitigation elements (Special Aggravation of Punishment), aggravation factors (Determination on the recommended area] in the case of assaulting the driver of a motor vehicle in operation (decision on the recommended area) and

B. Second crimes (determination of the obstruction of the performance of official duties) are committed to the obstruction of the performance of official duties.

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