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(영문) 의정부지방법원 고양지원 2014.10.07 2014고단1581

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. On June 29, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.), on the grounds that the Defendant was bread by breathing the victim B (the age of 53) while getting on and staying a taxi driving in the front of the Yongsan-dong fire station located in Goyang-si, Yongsan-si, Goyang-si, Pung-si, and assaulted the victim’s shoulder part of the taxi by breath of the b

2. On June 29, 2014, the Defendant, at around 03:35, received 112 reports for the same crime as stipulated in paragraph (1) and led a police officer to voluntarily act as a district located in Yongsan-gu, U.S. C in Goyang-si.

피고인은 이와 같이 지구대로 인치되어 조사를 받게 된 것에 불만을 품고 “씨발, 내 가슴을 만진 새끼랑 얘기를 해야겠다, 친구랑 함께 택시를 탔는데, 내 친구는 어디 갔어 이 짭새 새끼들아!"라고 욕설을 하며 그곳에 있던 위 지구대 소속 경위 E, 경사 F의 몸을 손으로 밀치고, 위 F에게 "야! 씨발 미친년아, 지랄하지 말고 꺼져, 뭘 쳐다봐 "라고 말하며 오른팔 부위를 손톱으로 할퀴어 경찰공무원의 지구대 내의 질서유지 등에 관한 정당한 업무를 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and B;

1. Application of the Acts and subordinate statutes on photographs of damaged parts;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 136 (1) of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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;

1. The scope of the grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc., and the final sentencing due to the crimes falling under Articles 1 and 2, and the aggravation of multiple offenses: