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(영문) 서울남부지방법원 2020.05.20 2020고단217
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around January 14, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) committed assault by the Defendant on the ground that the said taxi was on the victim’s face at around 10, 202, when the said taxi was transported to the “forest-dong community service center” located in 10, Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu Do 7-ro 7-ro 10, the destination of which was scheduled, on the roads near the 351, Yeongdeungpo-gu, Seoul Metropolitan City Do Do Do Do 351 on January 14, 202.

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

2. On January 14, 2020, the Defendant voluntarily committed a crime as stated in paragraph (1) at around 22:08, and had been working in the F District located in Guro-gu Seoul, Guro-gu, Seoul, for police officers who expressed their desire to “Isker. He was a police officer. I do not die. I do not cause any death of any person. I do not see why Is? Is why Is it?” The Defendant expressed the desire to “Is young son” to G, who is a police officer belonging to the said earth group, and assaulted G at one time as her hand floor.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to global guard service.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. B written statements;

1. 112 reported case handling table;

1. Other closure photographs;

1. Application of the Act and subordinate statutes to video CDs (Evidence No. 9, 12)

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

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act: The assault against the driver of a motor vehicle in operation may cause damage to many and unspecified persons by causing a traffic accident;

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