특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Defendant shall be punished by imprisonment for a term of one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Around January 12, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.) committed an emergency where the Defendant was aware of the victim’s inside and outside of the victim’s inner part of drinking water without any justifiable reason while engaging in a dispute with the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son
The Defendant assaulted the driver of a motor vehicle in operation and caused the injury to the driver.
2. On the side of the road in front of the E Union F branch in the same Gu on the same day at around 02:13, the Defendant: (a) expressed a desire to a police officer who was asked questions about personal information from H to a police officer who was called out after receiving a 112 report to the effect that he was an drunk, and was asked about personal information from H on the side of the road located in the same Gu D on the same day; (b) was pushed the breast part of the breast part on a one-time stop and pushed the breast part on one-time hand.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and investigation of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of B and H;
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, the former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 136 (1) of the Criminal Act concerning the crime (the point of obstruction
1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment of the crimes above two crimes)
1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following favorable sentencing grounds):
1. Article 62 (1) of the Criminal Act (Reexamination of Sentencing favorable to the following) of the suspended sentence;
1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is 1.