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(영문) 의정부지방법원 2013.10.11 2013고단2091

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

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A defendant shall be punished by imprisonment for not more than ten 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 14:40 on June 14, 2013, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.) committed assault against the victim’s chest who is driving at the entrance of the Galley-dong amusement park available to the Government at the time when the victim C (the South and the age of 54) boarded the victim’s personal taxi at his destination while taking a bath at the KT distance, which is a destination, and assaulted the victim’s chest who is driving on his left hand at one time and at 2-3 times.

2. At around 14:50 on June 14, 2013, the Defendant made a statement to police officers of F District E as the victim of the above criminal facts, and the Defendant made an insulting speech to unspecified police officers in C and B within the said district.

When the victim G (ma, 53 years old) who is a police officer was able to file a petition with the defendant and sit in the suspect, the defendant was assaulted by the victim G head and assaulted only once, thereby hindering the legitimate execution of public duties concerning the police officer's crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C and G;

1. Application of CCTV-cape Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act, Article 136 (1) of the Criminal Act, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the choice of imprisonment, respectively, for the crime;

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 (the execution of a sentence may be suspended only once in consideration of the fact that the victim has reached an agreement with the driver involved in the same kind of violence, including the suspension of execution of sentence);

1. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;