특정범죄가중처벌등에관한법률위반(운전자폭행등)등
A defendant shall be punished by imprisonment for not more than ten months.
Of the facts charged of this case, the prosecution against assault is dismissed.
Punishment of the crime
【Criminal Power】 On July 14, 2010, the Defendant was sentenced to ten months of imprisonment with prison labor for the obstruction of performance of official duties, etc. by the Incheon District Court, and completed the execution of the sentence at the Incheon Detention House on March 6, 2011.
【Criminal Facts】
1. On June 27, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.) committed assault against the driver of a motor vehicle operating on one occasion at the victim’s face while driving a motor vehicle, on the ground that the victim C (the 63-year-old) was able to shoulder the Defendant who was the victim due to his/her destination after boarding the said taxi.
2. The Defendant was arrested as a flagrant offender E who was dispatched to the Incheon Southern Police Station Assistant E on the grounds as stated in the foregoing paragraph (1), and arrived at the Gdistrict parking lot located in the Nam-gu Incheon Metropolitan City on June 27, 2013.
The Defendant, who was demanded from the foregoing E to get off from the vehicle, she saw her inside the vehicle, she she was frightened at the vehicle, so that he she she was frightened with her mother, walked twice the clothes of the above E and her hand, she was frightened with the victim’s float, and obstructed the police officer’s legitimate performance of duties in relation to the Flagrant Offender.
Summary of Evidence
1. Defendant's legal statement;
1. Statement by the prosecution against C;
1. Statement by the police officer against C and E;
1. On-site reports and photographs;
1. Application of Acts and subordinate statutes to criminal records and investigation reports (written rulings related to the same crime and reports on confirmation of the period of repeated crimes);
1. The point of assault by the relevant legal driver on the crime: Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 136 (1) of the Criminal Act;
1. Selection of each sentence of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;
1. From among concurrent crimes, concurrent crimes provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are concurrent crimes with the punishment imposed for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes with heavy punishment.