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(영문) 인천지방법원 부천지원 2013.08.23 2013고합107

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 22:53 on March 28, 2013, the Defendant threatened the victim with the victim E (at least 21 years of age) who is an employee of the above convenience store at the D convenience store located in Macheon-gu, Orcheon-si, Macheon-si, Macheon-si, on the ground that the victim was well aware of the above convenience store, “A knife in the knife in the knife in the knife and the knife in the knife,” and “A knife in the knife.”

2. On March 29, 2013, the Defendant: (a) 00:10 on March 29, 2013, 2013: (b) took a bath at the G police box located in Hacheon-si F; and (c) assaulted the H policeman affiliated with the said police box, who was posted on his/her book while avoiding a disturbance, and was on his/her face.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and investigation of crimes.

3. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) was committed by the Defendant on April 7, 2013 in a L taxi operated by the Victim K (58 years of age) on the front of the Jjuju station located in Macheon-si I in Macheon-si, Busan.

The defendant is driving distance in the same Dong while getting on the back seat of the above taxi, and the face of the victim who was driving the above taxi two times in his hand on the ground that a large amount of fees has taken place, and the victim continued to stop the above taxi in his hand.

As a result, the Defendant assaulted the driver who is driving a vehicle, thereby causing the injury to the victim, such as a fluoral salt, which requires approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness K, E, and M;

1. The police statement of H;

1. Investigation report (probed statement);

1. A written diagnosis of injury to a victim;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 283(1) of the Criminal Act (the point of intimidation and the choice of imprisonment with labor). The driver as provided in the former part of Article 5-10(2) and Article 283(1)