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(영문) 의정부지방법원 2019.06.07 2019고단1262

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 February 1, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents against Drivers) committed assault against the victim by plucking, plucking, and plucking, plucking, plucking, etc. of the victim while getting on and off a private taxi in the vicinity C located in the Gu-si B of the Government, and getting on and off a private taxi in the operation of the victim D (age 45).

2. At around 21:30 on the same day, the Defendant assaulted the Defendant at the place specified in paragraph (1), and at around 21:30 on the same day, the F District G G of the Gu Government Police Station, and the police officer called up with D’s 112 report, such as “Cucker farp, bomb, and bomb farp, farp, farp, and farb farb farb farb farp, while b

As a result, the Defendant interfered with the legitimate performance of official duties by police officers regarding the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and G;

1. Written statements of D;

1. Photographs of victim I damaged parts;

1. Application of the CD-related Acts and subordinate statutes to crimes;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively, for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Scope of recommendations according to the sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Criminal Act - The basic area of the first type of the obstruction of performance of official duties (fence of performance of official duties/performance of official duties) - The basic area of the second type of the crime (fence of six to one year), the basic area of the crime of assault (fence of two months to ten months of imprisonment, special mitigation factors: no penalty is imposed, special aggravation factors: the case of assaulting the driver of a vehicle in operation: the case of assaulting the driver of a vehicle in operation): The crime of this case by the sentence of six to one year to one year: the defendant gets a taxi, and gets a 112-report.