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(영문) 서울북부지방법원 2017.07.19 2017고단2097

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for six 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. On April 20, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. of Drivers) around 23:5, around the victim D (50) who is a representative engineer before the “C cafeteria” located in Seocho-gu Seoul Metropolitan Government, was on board the top of the E-vehicle that is driven by the victim D (50) and was going before the “G hotel” located in Dobong-gu Seoul Metropolitan Government F, on the ground that the victim did not have the way designated by the Defendant and did not water, the Defendant was on three occasions at the top of the said main road.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

2. On April 21, 2017, the Defendant: (a) received a general report from the above D; (b) on around 00:52 on April 21, 2017, on around 403, Dobong-gu Seoul Nowon-gu Seoul Nowon-gu Police Station’s Dobong-gu, Seoul; (c) received an assault while driving, and failed to receive agency expenses; and (d) received the said D’s general report from the police officer H of the Seoul Dobong Police Station and the police officer I (36 years old) affiliated with

The brush, such as "ging down", and assaulted the right edge of the I at one time to restrain it.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling reported cases and criminal investigations due to violence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the laws and regulations on police statements made to D, I and J;

1. Article 5-10(1) of the Act on the Punishment, etc. of Specific Crimes under the relevant Act on the 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 selection of imprisonment for each sentence of punishment;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to seven years;

2. Crimes 1 (Obstruction of Execution of Official Duties) within the scope of the recommended punishment according to the sentencing guidelines for the sentencing guidelines for the following crimes: Group 1 (Obstruction of Execution of Official Duties) (Interference with Execution of Official Duties) within the basic area (from June to one year and six months) [the scope of recommendations] without any person subject to special sentencing [the scope of punishment] within the mitigated area (one month to eight months) within the mitigated area (a special mitigation of punishment).