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(영문) 청주지방법원 제천지원 2017.12.21 2017고단349

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On September 6, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults against drivers, etc.) around 01:50 on September 6, 2017, around 1, 2017, around the two white lines located in 19, the victim C (63) was getting on a taxi in front of the river located in 1,000, in and around the 19,000 city. On the ground that the victim was stopped in the signal signal signals at the place and the Defendant was stopped at three times on the face of the victim.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

2. 공무집행 방해 피고인은 2017. 9. 6. 02:10 경 제천시 D에 있는 E 지구대에서, 제 1 항 기재와 같은 이유로 위 C과 함께 방문하여, 같은 날 03:00 경까지 “ 니들 똑바로 해 라, 씨 발 놈 아 덤벼 봐, 좃 같은 새끼들.” 이라고 욕설하는 등 행패를 부리던 중, 피고인에게 귀가할 것을 요청하는 위 지구대 소속 경찰관 F의 팔 부위를 손으로 잡아당기고 손으로 피해자의 가슴 부위를 1회 때렸다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention of crimes by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Investigation report (Attachment, etc. of Blue Tracks and ct video cream)

1. Application of the Acts and subordinate statutes on CDs for black booms and brack CCTV images;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment with prison labor for each crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes of which the quality of the crime is heavier];

1. The reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) are as follows, and the age, occupation, sex, family relationship of the defendant is as follows.