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(영문) 춘천지방법원 2017.09.25 2017고단596

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 15, 2017, the Defendant was in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) and was in violation of the same Act (hereinafter “Aggravated Punishment, etc.”) around 309 in the street near the Pyeongtaek-dong, Pyeong-ro 309, Chuncheon-ro around 10,00, and was sprinked two descendants by taking the victim’s bath before the F pharmacy located in E in the same city where the victim C was on the top of the same city, while getting in the top of D taxi operated by the victim C and getting in the same city as an automatic discharge.

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

2. On June 15, 2017, the Defendant: (a) expressed to H the desire to read, “F pharmacy in front of the F pharmacy located in Switzerland-si, Chuncheon-si, on the ground that the taxi driver was assaulted by the passengers and sent back the taxi engineer first, the G G GG GG GG GG of the Chuncheon Police Station, which was called by the taxi driver upon receiving a report by the passengers.” On the ground that “the taxi driver was sent back the taxi engineer first, she shot out by shot, ring out with shot, ringing, cutting off the stop, stopinging the stop, leaving back the stop, hinginging up the stop, hinginginging the young s to the inside, hinginginging off the victim’s left arms.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. C’s statement;

1. Application of Acts and subordinate statutes to the victim's photograph (damage part), the 112 reported case handling list, the investigation report (related to the production of sound recording files) and the production of sound recording files;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment with prison labor for each crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Sentencing criteria;

A. Group 1 Crimes (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Scope of Punishment) (Obstruction of Execution of Official Duties) is the basic area (Fe.g., from June to June).