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(영문) 부산지방법원 2015.12.03 2015고단5563
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for one year.

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 August 14, 2015, the Defendant, around 12:20, committed assault on the part of the victim at approximately four occasions on the part of the victim’s head with his/her hand when he/she took a bath that the victim C (the age of 66) was able to get a guest on the D taxi operated by the victim C (the age of 66).

2. The Defendant, like paragraph 1, assaulted the victim’s left side bridge around the 1st, Seosan-gu, Busan Metropolitan City Soksan-gu, with the victim C, who was assaulted as set forth in paragraph 1, was flicked and flicked at the taxi, and flicked on two occasions, depending on the victim who flicked from the taxi, and flicked on two occasions.

3. At the same time and place as set forth in paragraph 2, the Defendant took a bath to the police officer of the Busan Urban Police Station E-district of the Busan Urban Police Station, who was called up after receiving a report from the above C that taxi passengers scam a scam, and expressed that “this scam shall be discarded off,” and assaulted the Defendant, such as a police officer, who was working for the police officer of the Busan Urban Police Station E-district of the E- Zone of the Police Station, who was called up two times to walk kne and knee on two occasions.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

4. The Defendant, at the same time and place as set forth in Paragraph 2, and as set forth in Paragraph 3, was to walk the front and rear door of the patrol vehicle due to the defect that the Defendant was about to take on the H patrol vehicle.

As a result, the Defendant damaged the patrol car, which is an object used by public offices, to cover approximately KRW 215,130.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and C;

1. 112 statement;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Articles 136(1), 141(1), and 260(1)1 of the Criminal Act.

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