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(영문) 창원지방법원 2020.04.28 2019고단4017
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 November 25, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) (hereinafter “Aggravated Punishment, etc. of Specific Crimes”) stated that the Defendant was taking the top of the Ka of C-si operated by the victim B and passed around D apartment at Changwon-si, without any reason, considered the victim as “C-si,” and that the Defendant was able to turn back to the right side of the victim by the Defendant’s lubbbow on the left side.

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

2. On November 25, 2019, at around 22:30 on November 25, 2019, the Defendant was unable to pay the taxi fee to B, who is the above taxi driver, in the vicinity of the public parking lot in the city of Changwon-si, and became subject to the notification. Upon receiving the notification, the Defendant requested confirmation of the circumstances of the instant case from G, who is the police officer belonging to the F District Unit of the Changwon Police Station, which was called out after receiving the notification, and notified the Defendant that he would not take a bath, the Defendant’s left-hand hand at one time on the Defendant’s left-hand hand.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases by the victim who is a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and G;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act, the choice of imprisonment (the degree of imprisonment, the nature of the crime, the circumstances leading to the crime, and the fact that there are force for punishment related to the same kind of crime and violence, etc.);

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

1. The main sentence of Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1));

1. The dismissal of prosecution under Article 62-2 (1) of the Criminal Act;

1. On November 25, 2019, the Defendant, at around 22:30 on November 25, 2019, run a taxi fee to B, a taxi driver, at the vicinity of a public parking lot in the E market.

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