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(영문) 서울동부지방법원 2014.07.17 2014고단1279
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 20:57 on May 1, 2014, the Defendant: (a) expressed the victim’s desire to “new, high,” and (b) expressed two times the rear part of the victim’s head by hand, on the ground that the victim’s head was not driven by the victim, while he was in the direction of a diving school, a destination where the victim B (the age of 46) was boarding a taxi for business operated by Gwangjin-gu Seoul Special Metropolitan City; and (c) was driving the said taxi on the ground that the victim’s head was not driven by his own route.

The Defendant continued to set up the above taxi and brought the victim who was seated in the driver's seat out of the vehicle, and placed the victim on the part of the main set of the above taxi, and placed the victim on his hand and her head on his hand.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

2. On May 1, 2014, the Defendant of the obstruction of performance of official duties was arrested as a flagrant offender for the same reason as described in paragraph (1), and the police officer arrested as a flagrant offender for the same reason as described in paragraph (1) at the Ginjin Police Station and office located in Gwangjin-gu, Seoul, Seoul, and obstructed the performance of official duties. On the ground that the police officer, a police officer, who was a police officer belonging to the Seoul Minejin Police Station, who was working in the above office, expressed that “in person’s statement is received from why he or she is, she will see she, she will do so, she will do so, she will see she’s oral statement, and assault him or her by putting him or her back his or her back body.

As a result, the defendant interfered with the police station service and the legitimate execution of duties concerning criminal investigations by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes of D 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 the crime;

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

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

1. Probation;

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