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(영문) 대구지방법원 안동지원 2018.09.11 2018고단186

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 3, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. of Drivers) around 21:50, around the 21:50 on a victim’s taxi in the drive of the victim B (51 years) who was assaulted by the Defendant when the victim set the above taxi in the wing Police Station at the top of the Gyeongnam-gun, Gyeongnam-gun, the Do road in the Gyeongcheon-gun, the Do road in the Gyeongnam-gun, the Do road in the Gyeongcheon-gun, the Do road in the Gyeongcheon Police Station, and the Do road in the front of the taxi in the wing Police Station. The victim was

Accordingly, the defendant assaulted the victim who is operating a motor vehicle.

2. 공무집행 방해 피고인은 2018. 2. 3. 21:55 경 경북 봉화군 봉화읍 내성로 73에 있는 봉화 경찰서 주차장에서, 112 신고를 받고 출동한 C 파출소 소속 경사 D으로부터 사건의 경위에 대한 질문을 받자, 오른쪽 발로 D의 오른쪽 정강이 부위를 1회 발로 찼다.

As a result, the defendant assaulted police officers, thereby obstructing police officers from performing their legitimate duties on handling reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B or D;

1. E statements;

1. Each investigation report, and the application of the statutes governing the table for 112 Reporting and Handling Cases;

1. Violence against the relevant legal driver on the crime: Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes that interferes with the performance of official duties: Article 136 (1) of the Criminal Act (Selection of Imprisonment with labor);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and the provision of community service order is that the defendant assaults a taxi engineer in operation without any particular reason, and the nature of the crime is not very good by assaulting a police officer in the course of performing official duties.

The driver's assault may cause a large traffic accident, which is highly dangerous.

It can not be considered as a reason for mitigation.

However, the defendant is the first offender who has no criminal history, and is wrong.