특정범죄가중처벌등에관한법률위반(운전자폭행등)등
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On December 4, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) committed an injury to the victim, such as chills, tensions, tensions, etc. on the part of the victim E (54 tax) who was an agent for driving on the street near the Man-gu Mang-gu, Manyang-gu, Annyang-si, by leaving the F, which was driven by the victim E (54 tax), while moving into the back seat of the driver’s seat of the vehicle and moving the vehicle, on the ground that the victim requested the victim to stop the vehicle, but the victim did not comply with the request.
Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation and caused the injury.
2. On December 4, 2016, the Defendant interfered with the performance of official duties: (a) was sent to the site after receiving a 112 report in the street near the 1236 Mangyeong-gu, Annyang-gu, Annyang-gu, Annan-gu, Police Station HH District; (b) requested the suspect to present his identification card; (c) the Defendant stated that “this son’s chest was sent back to her head,” and the Defendant was sent one time as her head when K was sent to support the site.”
Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting handling affairs.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement to E, J and K;
1. Investigation report (Listening to oral statements by telephone);
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the act of causing violence to a driver, the selection of imprisonment with prison labor), Article 136 (1) of the Criminal Act (the act of obstructing the performance of official duties, and the selection of imprisonment with prison labor);
1. The sum of the punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment, and the long-term punishment for each of the crimes, shall be aggregated;