beta
(영문) 대전지방법원 2018.08.09 2018고단631

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

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

Reasons

Punishment of the crime

[criminal records] The defendant was sentenced to imprisonment for one year and six months, and three years of suspended execution as a result of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the early branch of the Chuncheon District Court on June 22, 2017, and the judgment became final and conclusive on June 30, 2017, and is currently under suspended execution.

[Criminal facts]

1. On November 25, 2017, the Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault against a driver), boarded the victim B(60) C-si in front of the head of the Si/Gun/Gu office located in a prisoner of war at the time of Sejong, the Defendant was on board, before the head of the Si/Gun/Gu office, and led the victim C-si (60) to a large-time show show-dong, a destination.

At around 03:00 on the same day, the Defendant expressed that “the victim has been fluent,” and without any reason, expressed that “the victim has been a driver of a motor vehicle who is a driver of a motor vehicle in operation,” and without any reason, expressed that “the victim has been a driver of a motor vehicle in operation,” and expressed that “the victim shall be a driver of a motor vehicle in operation,” at the same time, once the victim’s right eye side of the victim’s right eye, once the victim’s flusium, once the victim’s flusium, and once the flusium was a driver of a motor vehicle.

2. 모욕 피고인은 2017. 11. 25. 03:20 경 제 1 항 기재와 같이 폭행 피해 신고를 받고 출동한 대전 유성 경찰서 D 지구대 소속 경찰 관인 피해자 E(50 세) 이 피고인에게 귀가할 것을 종용하자 그곳을 지나는 불특정 다수의 행인이 지켜보는 가운데 피해자에게 “ 야 경찰 차로 태워 다 줘, 이 병신 같은 짭새 새끼야, 야 이 새끼야, 너 내가 죽일 수도 있어, 야 E 너 죽고 싶냐,

As a result, the crop, this dog, and this dog, were treated as “the same fluort,” and were sexually insulting the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. E statements;

1. Each investigation report and accompanying documents;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of a driver's assault) and Article 311 of the Criminal Act concerning the crime (the insulting of a driver)