특정범죄가중처벌등에관한법률위반(운전자폭행등)등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Around 00:55 on Nov. 28, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) committed two assaults by a victim B (the age of 51) driving near the Busan Northern Dopo-dong (the age of 51) with the head of the victim B, who was driving at the head of the Dopo-dong (the age of 51).
2. On November 28, 2018, the Defendant, at around 01:00, took a bath to the Inspector F (the age of 51) requested for the assistance of B at the E Public Security Center located in Busan Northern-gu, Busan, and obstructed the police officer’s legitimate performance of duties concerning handling of reports by assaulting assaulting the F’s neck on one occasion with his left hand.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement concerning B and F;
1. Application of Acts and subordinate statutes to a report on investigation (verification of a video recording of a track) and a report on investigation (Attachment toCCTV);
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, 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, respectively;
1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (limited to concurrent crimes with the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment);
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order Article 62-2 of the Criminal Act not only have the same criminal records in several times, but also the defendant has been sentenced to imprisonment for eight months, two years of suspended execution, and eight hours of community service order at the Busan District Court on December 16, 2016, and the above judgment became final and conclusive on December 24, 2016, again commits the instant crime during the period of suspended execution, and the contents of the instant crime are not good. Considering the above, it is necessary to severely punish the defendant.
However, the defendant recognized the crime of this case, divided his mistake, and attempted not to repeat the crime of this case, and the defendant has reached the court of this case.