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(영문) 수원지방법원 안양지원 2019.08.27 2019고단875

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 14, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents) committed assault against the driver of a motor vehicle driving on the back of the victim B (the 65-year old-old), taking advantage of the back of the 750-year military prisoner of the Gun, who is a Si/Gun/Gu, who is a destination, while taking a bath for the victim without any specific reason while drunk, while taking a bath for the victim, and taking advantage of the back of the 750-year military inmate of the Gun/Gu, who is a military prisoner of the Gun, who is a destination.

2. The Defendant interfered with the performance of official duties on the side of the national highway No. 47 on the west-gu, Ansan-si, Annsan-si, 431-2, which is located on the same day, and obstructed the police officer’s legitimate execution of duties on the handling of 112 reports by assaulting the Defendant at one time by assaulting the Defendant’s left shoulder at one time, and by assaulting the Defendant’s chest at one time.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol to E, F, and B;

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. Selection of a sentence of imprisonment with prison labor chosen for the crimes of obstruction of performance of official duties under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is committed on the grounds of suspended execution, by assaulting police officers dispatched after receiving a report on the disturbance from a taxi in operation by the defendant, and thus obstructing the execution of official duties, and the criminal liability in light of the method of crime is not easy.

On the other hand, there are agreements with the victim B, the fact that the defendant suffers from mental disorders such as the instability of emotional health after traffic accidents, the first crime, and the reflectivity.