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(영문) 대전지방법원 2013.03.29 2012고합708

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

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.

Reasons

Punishment of the crime

1. On November 22 and 10, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of Specific Crimes, on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Drivers, etc.) conducted a road in front of Daejeon Dong-gu Daejeon, Daejeon, and the victim E (the age of 45) who is a substitute driver demands a large amount of expenses for acting driving, two times the right shoulder part of the victim

2. On November 22, 2012, the Defendant: (a) at the same place as indicated in paragraph (1) at around 22:22, 2012; (b) the victim G (56 years old) (a police box belonging to the Daejeon East Police Station, which was called upon the said E’s 112 report; (c) prevented the victim from performing his/her legitimate public duties on one occasion by drinking the victim’s left face and neck; (d) at the same time interfered with the police officer’s legitimate performance of his/her public duties; and (e) at the same time interfered with the victim’s 112 report-related police officers’ legitimate performance of duties; and (e) at the same time, the victim suffered injury, such as dump, etc., requiring treatment for about two weeks; and (e) continued to open the H 112 vehicle patrol, thereby impairing public goods so that the market price is 25,000 won.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. The statements of witnesses G and I in the second trial records;

1. Each statement made by the police in relation to E;

1. Statement in a written estimate for motor vehicle;

1. Each description such as a medical certificate, injury medical certificate, etc.;

1. Application of each video-related Act and subordinate statute to photographs of the chief of the department, damaged parts of the victims, and patrol photographs of the department;

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the crime, Article 136 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 141 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes are the crimes of obstruction of the performance of official duties and of injury.