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(영문) 부산지방법원 동부지원 2016.11.14 2016고단1658

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for six 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) was committed by the Defendant after getting in a taxi driven by the victim B (the age of 65) while drinking alcohol and moving to a residential area of

On June 29, 2016, at around 22:30, the Defendant assaulted the victim’s side gate, who was driving on the ground that the part of the victim was bad, on the ground that the part of the victim’s side gate was bad, and that the victim was able to return to the left side.

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

2. The Defendant was arrested as a flagrant offender from a slope D, etc. belonging to the Busan Southern Police Station C District Unit, which was called upon the above B’s 112 report.

On June 30, 2016, around 00:30 on June 30, 2016, the Defendant assaulted the Defendant, within the criminal department and office of the Busan Southern Police Station located in Busan Nam-gu, and the Defendant’s back-up department of the above D, and the left-hand buckbucks, which are being handed over to the criminal

Accordingly, the Defendant interfered with legitimate execution of duties such as the transfer of a flagrant offender arrestedd as a police official.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of the police with regard to B and D;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 criminal facts and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Selection of Criminal Crimes;

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

1. Although the defendant's liability for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is not minor, the defendant is led to confession, the defendant does not want punishment against the defendant under an agreement with the victim B, the defendant does not have any criminal records exceeding the fine, the defendant's age, occupation, the degree of injury to the victims, and the circumstances revealed in the trial process shall be determined as ordered by taking into account all the normal materials revealed in