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(영문) 창원지방법원 통영지원 2018.01.25 2017고단1335

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 March 14, 2017, the Defendant: (a) 01:30, while under the influence of alcohol, she saw the victim E (38 tax) on the street in front of the restaurant of “D” located in C; (b) took a bath, such as her opening, weather, and her face, without any particular reason, while getting on the top of a F-tax vehicle in front of the restaurant located in C at the same time; and (c) took a walk, such as her opening, sring, and sringing, the victim’s right part and face part of the vehicle’s right part and her face part in drinking, and changed a neutral fishing by arbitrarily manipulating the change speed of the above vehicle.

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

2. 공무집행 방해 피고인은 2017. 3. 14. 01:47 경 거제시 H 소재 ‘I 부동산’ 앞 도로에서 위 E의 ‘ 승객으로부터 폭행을 당했다’ 는 내용의 112 신고를 받고 출동한 거제 경찰서 J 파출소 소속 경위 K으로부터 제지 당하자, 위 K에게 ‘ 씨 발 놈 아, 내가 뭘 잘못했냐

“Along with the desire to read “A”, the left part of the drinking part was flicked once, and the driver was flicked with a larper’s working flicker.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E or K;

1. A criminal investigation report (a photograph of the damaged body);

1. Application of Acts and subordinate statutes to photographs damaged;

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 of the community service order;

1. Scope of punishment recommended according to the sentencing criteria of the Supreme Court;

A. First-Class 1 Crimes (Assaults) (Scope of recommendations) is an aggravated area (4 months to 1 year).