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(영문) 인천지방법원 2018.07.12 2018고단3450

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Around 19:51 on February 27, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault of a driver) committed assault by the victim’s side glass and chest, etc. under the influence of alcohol while getting in the E-si operated by the victim D (60 years of age) in front of the Incheon Bupyeong-gu Seoul Motor Vehicle Industrial Complex and moving to the G E-ray in front of the Incheon Bupyeong-gu F, with the victim’s side glass and chest, etc. while under the influence of alcohol, and assaulted the victim’s side glass by driving the knife, who was on the back of the above cab, and going to the driver’s seat, etc. by going to the knife of the victim who was on the knife of the knife.

2. On February 27, 2018, the Defendant, who interfered with the performance of official duties, wishes to go to a toilet during being arrested and taken in the act of committing an act in the act of committing an offense on the grounds as referred to in paragraph (1) within the model of the police station in Busan Seo-gu, Incheon and the criminal team waiting room within the 104 Samsan Police Station type and the criminal team room.

The current police officer's arrest letter was prepared with the 2 team patrol team of the HH district patrol team of the police station, and the 1st of the I, without good cause, assaulted the police officer's right-hand buckbbbbbbs to three times, and interfere with the police officer's legitimate execution of duties concerning the transfer and protection of the police officer's personal disease.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to I and D;

1. Photographss of assault, photographs of video and video images at the time of arrest, CDs of video and video images at the time of assault, and analysis photographs of taxi stuffs, and CDs;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. On the grounds for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the Act on the Suspension of Execution, the basic area (from June to June) of the Act on the Suspension of Execution of Official Duties is the first category (the scope of a recommendation).