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(영문) 인천지방법원 2015.08.13 2015고단3520

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

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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 00:05 on May 17, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) committed assault on the driver of a motor vehicle in operation one time at the victim’s face, knife, and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

2. The Defendant, at around 00:15 on the same day, obstructed the police officer’s legitimate performance of duties in relation to crime prevention and suppression, by assaulting the Defendant, who is a policeman belonging to the said patrol group, in his hand, brought the Defendant to go to the territory of the Incheon Southern Police Station, which is located in the Nam-gu Incheon Metropolitan City, for the reason that the said C had been going to go to the earth.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and G;

1. Application of Acts and subordinate statutes on taxi receipts;

1. As to the facts constituting the crime in question, Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the act of assaulting a driver), Article 136(1) of the Criminal Act (the act of obstructing performance of official duties), and each decision of imprisonment [defense] is alleged to the effect that the defendant was in a state of mental disorder or mental disorder under the influence of alcohol at the time of the crime in this case. However, in light of the circumstances leading to the crime in this case, the means and methods of the crime in question, and the circumstances after the crime in this case, it is not deemed that the defendant did not have or did not have the ability or decision-making ability to discern things under the influence of alcohol at the time

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

1. Suspension of execution is Article 62(1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing).