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(영문) 광주지방법원 2018.11.09 2018고단3615

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. From around 01:35 on August 3, 2018 to 02:10 on the same day, the Defendant spits down the victim F, an acting driver, who operates the vehicle of the Defendant to the E apartment parking lot during the period from around 01:35 to around 02:10 on August 3, 2018.

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

2. On August 3, 2018, around 02:10, the Defendant damaged the victim’s vehicle in order to have the repair cost amounted to KRW 50,526, by intentionally opening and closing the doors of the vehicles listed in paragraph 1 at the E apartment parking lot, and by repeatedly facing the even number and fences of the Hk3 vehicle owned by the victim G, parked next to the immediate adjacent.

3. On August 3, 2018, the Defendant obstructed the performance of official duties, at around 03:0, and around 03:0, the Defendant sent out after receiving a report on the act under paragraphs (1) and (2) of the E apartment building 102, and was assaulted by the police officer’s security guards belonging to the competent police station I police station, with the 2 and 3 course of sending back to the police officer’s police officer’s patrol box.

Accordingly, the defendant assaulted police officers in charge of handling 112 report and interfered with legitimate execution of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to K and J;

1. A written statement of G and F;

1. A criminal investigation report (related to a written estimate attached);

1. Application of field photographs, violence in an elevator, or photographic Acts and subordinate statutes;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver), Article 366 of the Criminal Act, and Article 136 (1) of the Criminal Act concerning the crime (the point of obstructing the performance of official duties)

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of each sentence of imprisonment;

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. The Criminal Act, the suspension of execution;