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(영문) 창원지방법원 밀양지원 2015.07.23 2014고단51

특정범죄가중처벌등에관한법률위반(운전자폭행등)

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 became final and conclusive.

Reasons

Punishment of the crime

On June 20, 2014, the Defendant was sentenced to a suspended sentence of two years at the Changwon District Court to imprisonment with prison labor for the crime of obstruction of performance of official duties, and the said judgment became final and conclusive on June 28, 2014.

On December 27, 2013, at around 17:35, the Defendant: (a) on the street in front of a viewing letter in a fast-time movement; (b) on the ground that the victim was on board a C cab driven by the victim B (year 71) who was under the influence of alcohol and was at the destination and was under the influence of destination, the Defendant saw the victim as the victim’s head of the victim who was under the influence of the said cab at one time on his hand, with the victim’s hand at the time when the victim’s head was at the time of the death of the her mother while driving the said cab at one time; and (c) the victim continued to stop the said cab and

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning B;

1. A judgment: Application of Acts and subordinate statutes to inquiry reports, such as criminal records, pre-dispositions, and reporting results;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and Article 5-10 (1) of the same Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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