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(영문) 창원지방법원 2016.07.01 2016고단1132

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. 특정범죄 가중처벌 등에 관한 법률위반( 운전자 폭행 등) 피고인은 2016. 2. 22. 새벽녘에 진해 구 B에 있는 C 앞 도로 상에서 술에 취한 상태로 피해자 D( 남, 56세) 이 운전하는 E 택시 뒷좌석에 탑승하여 이동하다가 같은 날 00:35 경 창원시 진해 구 F 사거리에 이르러 피해자가 신호 대기를 하자 특별한 이유 없이 피해자의 얼굴을 손으로 한 대 때리고, 발길질을 하였다.

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

2. The Defendant interfered with the performance of official duties, who was dispatched to the scene after receiving a report at the above time and place, took the Defendant on the back seat of the 112 patrol unit and boarded the Defendant on the back seat of the 112 patrol unit in accordance with the voluntary accompanying procedure, and took the Defendant on the part of the said patrol unit, and “Yei Yei Yi Yi Yi Yi Yi Yi Yi Yi Yi Yi Yi Yi Yi Yi Yi Yi Yi Yi Y

I explained that I would like to go on drinking while taking a bath, I would like to go on the drinking and take a head.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to investigation affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and H;

1. Articles 5-10 and 1 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of a driver's assault) concerning the crime, Article 136 (1) of the Criminal Act (the occupation of obstructing the performance of official duties) and selection 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. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence are crimes 1 (Obstruction of Execution of Official Duties) [Scope of Recommendation] and the basic area (from June to January to April) of Article 1 (Obstruction of Performance of Official Duties) of the Criminal Act (including serious efforts to recover damage) [the scope of recommended punishment] of Article 62(1) of the Act on the Suspension of Execution and the basic area (including violence) of Article 62(1) of the Act on the Punishment of Violence and Article 62(1) [the scope of recommended punishment] of Article 1 of the Act on the Punishment of Violence and Article 62(2) [the scope of recommendation] of the basic area (including special mitigation up to October).