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(영문) 서울남부지방법원 2014.06.20 2014고단909
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six 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 February 13, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers Violence) (hereinafter “Aggravated Punishment, etc.”) was on board a C cab driven by the victim B (the age of 35) in front of the additional station in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, and was under the influence of alcohol during the private distance of the air transport unit located in the 5th new dong in Yangcheon-gu, and “pack the same gue”, and when the victim was under the influence of alcohol, the victim’s snow while driving the said taxi was kicked by finger, and the victim was able to drink it by drinking.

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

2. On February 13, 2014, around 23:10 on February 13, 2014, the Defendant: (a) received a demand to leave a taxi from E in front of the shooting distance of the air transport unit located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul; (b) stated that “I am, Chewing, dead, shot, shot, shot, shot, shot, and sat, satch”; (c) the Defendant continued to sat down the instant E-thro, sat, and sat down the f of the police box that “I am, bit bit bit bit bit bit bit bit bit bit bit bit bit bit f,” and sat the f of the above box.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on the maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol to B, F, and E;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. The reasons for the sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is the first offense of obstruction of the performance of official duties (determination of a sentence of obstruction of the performance of official duties) and the first (determination of the recommended area), the basic area [the scope of recommendation] from June to April [the scope of punishment] from June to April [the scope of punishment from January to five years].

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