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(영문) 서울북부지방법원 2016.12.22 2016고단4464

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for six 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. Around 00:44 August 27, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) committed assault against the driver of a motor vehicle operating on the road in front of the Seoul Western-gu Seoul Metropolitan Government, and on the ground that the victim C (51) parked in front of the Defendant’s house gate, the victim was on board the said seat to move the said seat knife to move the said seat knife, and used the driver of a motor vehicle operating on the knife of the said passenger knife to the knife of the said passenger knife through open windows.

2. The Defendant was at the above temporary location, and the Defendant was forced to take a bath to the said C and to refrain from doing any behavior to move by the police officer F, who was called out after receiving 112 report due to the reasons stated in paragraph (1).

The Defendant, “F,” refers to “F,” and assaulted F, i.e., the left chest of F by drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report handling.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and C by the police;

1. C’s statement;

1. Photographs (faging CCTV images for the purpose of crime prevention);

1. Photographs (CCTV images to be cut);

1. Application of Acts and subordinate statutes to the investigation report (the statement by telephone from shot person 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 Act on the Aggravated Punishment, etc. of Specific Crimes, the choice of

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. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Scope of recommendations according to the sentencing criteria;

A. The basic area of the obstruction of performance of official duties (referring to six months of imprisonment or one year or four months of imprisonment) (the scope of recommendation) is stipulated as the category 1 (the coercion of performance of official duties).