특정범죄가중처벌등에관한법률위반(운전자폭행등)등
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Around 04:08 on December 9, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (driving, etc. of Drivers) (hereinafter “Aggravated Punishment, etc.”) committed assault on the victim’s right-hand kackwnings on the floor of the front of an article restaurant located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government, by boarding DNF Station or other taxi operated by the victim C (the age of 58) in the direction of the Seongbuk-gu Seoul apartment complex, which is a destination, at around 04:30 on December 9, 2014.
2. At around 04:35 on December 9, 2014, the Defendant reported the facts described in paragraph (1) to H, who was in the vicinity of the G District at the Seongbuk-gu Seoul Seongbuk Police Station G District, the Defendant committed assault to H on the following grounds: (a) he was notified of the foregoing H, and arrested a flagrant offender, and entered the G District located in Seongbuk-gu Seoul, Seongbuk-gu, in order to set the entrance of the earth; (b) entered the earth unit; and (c) once she took the part of the right-hand part of the said H as his hand; and (d) “I am dead upon the flash, width.”
Accordingly, the defendant interfered with the legitimate execution of duties such as the arrest of police officers.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each police protocol of statement to H and C
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 Act on the Aggravated Punishment, etc. of Specific Crimes
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Although the reason for sentencing under Article 62(1) of the Criminal Act is not good in light of the background leading up to each of the crimes of this case and the method of committing each of the crimes, the fact that the defendant has a deep variety of crimes and reflects on his own crimes, the defendant is an initial offender who has no record of criminal punishment, and the degree of damage is excessive.