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(영문) 창원지방법원 마산지원 2020.02.12 2019고단1182

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 October 21, 2019: (a) the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.) (the instant act of assault, etc.) expressed a victim’s desire several times, such as “at the night”, “at the night”, etc. without any justifiable reason, while driving the DSS5 car that the Defendant driven by the victim C (the age of 64) on the nearby road B in Changwon-si, Masan-si, Masan-si, Seoul Special Metropolitan City, while driving on the top of the DSS5 car operation, which is a proxy driver (the age of 64). Around October 30, 2019, the Defendant, without any reason, forced the victim to take away hand signals in the victim’s operation by force, forced the hand signals in the victim’s operation, and led the victim to operate the vehicle by operating the vehicle by operating the vehicle at will against the victim’s will, thereby threatening the victim’s life or body.

Accordingly, the defendant threatened the driver of a vehicle in operation.

2. On October 30, 2019, the Defendant: (a) arrested a flagrant offender at the Masan-dong Police Station Parking Site located in Masan-si, Masan-si, Masan-si, Masan-si, Masan-si, Masan-si, Masan-si, on the said ground, after receiving 112 reports for the said reason; (b) arrived at the police station from the above F F, despite being demanded several times to get off the police station, the Defendant took a bath without getting out from the patrol; (c) put the seat on the car to the Defendant’s bridge; and (d) assaulted the F with three times the said F’s title and shoulder by getting off the Defendant’s bridge by getting off the seat on the car.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. A written statement of G and H prepared;

1. Application of Acts and subordinate statutes to a report on investigation (examination of black stay images);

1. Article 5-10 (1) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and the choice of punishment;