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(영문) 의정부지방법원 2018.01.08 2017고단5245

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for four 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 October 3, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault of a driver) boarding a F taxi operated by the victim E (61) in front of the “D” located in Namyang-si (61) around October 3, 2017, and assaulted the driver of a motor vehicle in operation by taking advantage of his/her mobile phone from the said victim, such as “Chewing sprink, sprinke,” to the victim in the operation of the motor vehicle where he/she thought that the said victim would bring about his/her mobile phone, and “Chewing sprink,” to the victim in the operation of the motor vehicle.

2. 모욕 피고인은 2017. 10. 3. 02:40 경 남양주시 G에 있는 경기 남양주 경찰서 H 지구대 앞 주차장에서 위 1 항 기재와 같은 폭행에 대해 사실관계를 파악 중이 던 위 지구대 소속 순경 I에게, “ 씨 발 새끼, 어린 놈의 새끼가 뭘 알아, 좆같은 새끼.” 라며 욕설을 하고, 이를 제지하던 같은 지구대 소속 경위 J에게도 “ 넌 뭐야, 씨 발 새끼야, 나이도 어린 놈의 새끼가. ”라고 욕설하는 등 공연히 피해자들을 모욕하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. The descriptions of each statement;

1. Application of the Acts and subordinate statutes to photographs, investigation reports (the analysis of video records of black stuffs), black stuffs video materials CDs

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 311 of the Criminal Act and the choice of imprisonment, respectively;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes, the punishment of which is the largest, to the extent that the punishment is aggregated with the long-term punishment of each such crime as provided for in the crime of violation of the Act on the Aggravated Punishment,

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order (the scope of applicable sentences under law) is seven years.