특정범죄가중처벌등에관한법률위반(운전자폭행등)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On September 18, 2017, the Defendant assaulted the victim at three times on the face side of the victim who is a taxi driver on the ground that the victim D (58 tax) (58 tax) who was on board a taxi was refusing to turn to the left at around the 27-gil of the 15:30,000 from the 74-gil, the 15:30 on the 15:30 on the 18th day of the 2017.
2. Around 15:50 on September 18, 2017, the Defendant obstructed the performance of official duties, who was arrested in the act of assault as stated in paragraph (1), to the police officer F of the Seocheon-gu Police Station E box affiliated with the police box and to the police officer G and was transferred to the e-spathing station located in Hacheon-si, Hacheon-si, and was transported to the E-spathing station located in Hacheon-si. Before the above police box, the Defendant assaulted G
Accordingly, the defendant interfered with the legitimate execution of official duties concerning the arrest and transfer of police officers in the act of committing the crime.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to D or G;
1. Work logs and photographs of victims' injuries;
1. Application of Acts and subordinate statutes to a report on investigation (verification of taxi black images);
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 136 (1) of the Criminal Act (the occupation of obstructing the performance of official duties) and the choice of imprisonment with prison labor for the crime;
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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Class 1 Crimes (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (No person who is subject to special sentencing for six months or one year or six months) shall be the basic area (no person who interferes with Execution of Official Duties).
2. The basic area (from February to October) of the second crime (in the case of violence) (in the case of violence), the basic area (in the case of general assault) of the second crime (in the case of violence, there is no special sentencing person).
3. The scope of final sentence due to the aggravation of multiple offenses: From six months to one year.
4. In light of the circumstances where the defendant, who was sentenced to sentence, assaults the victim while driving, exercises violence against the police officer in uniform, etc., and the nature of the crime is not good, the defendant's mistake is committed.