특정범죄가중처벌등에관한법률위반(운전자폭행등)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant committed the following crimes under the state that the defendant lacks the ability to discern things or make decisions due to the on-site illness:
1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) committed on September 21, 2018 by the Defendant at least four times on September 21, 2018, the victim C (the age of 55) driven by the victim C (the age of 55) driving near the Songpa-gu Seoul Metropolitan Government road.
Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.
2. In light of the above temporary closure, the Defendant: (a) committed assault against the Defendant at the locking room and the locking room branch, as in the Gangnam-gu Seoul Southern Olympic Games; (b) received the said C’s 112 report that “the Defendant was assaulted by a female passenger; and (c) received the said C’s 112 report; and (d) attempted to move the Defendant to a safe place where he would move the 5th line of the road without permission; and (b) 10 times the face part of the said G was fright.
As a result, the Defendant interfered with the legitimate execution of duties concerning the prevention of danger and injury to traffic of police officers and the protection of people's lives, bodies and properties.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to each police record of 112 reported case to C and G;
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning criminal facts, the choice of imprisonment with prison labor, respectively;
1. According to Articles 10(2) and 55(1)3 of the Criminal Act of the Act on the Mitigation and Mitigation of Mental Injuries (i.e., the background of the instant crime, the conduct of the Defendant before and after the instant crime, the Defendant’s medical history, and the degree and quantity of the disease suffered by the Defendant), the Defendant is deemed to have the ability to discern things or make decisions due to the injury at the time of each of the instant crimes.