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(영문) 수원지방법원 2016.10.12 2016고단4155
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six 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. Around 08:20 on July 20, 2016, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (Crime Assault, etc.) (Crime 53 years old) committed assault against the driver of a vehicle in operation, who was driven by the victim D (age 53) on the back seat of E-si operated under the influence of alcohol on the front side of the national bank located in Osan-si, Osan-si, and expressed the desire for the victim under the influence of the driver, who was able to take three times back and walked by the victim, and who was the driver of the vehicle in operation.

2. Performance of official duties;

A. At around 08:40 on the same day, when the Defendant was arrested from the police box belonging to the Sungdong Police Station, which was called up after receiving 112 reports in front of G on the roads G in Masan-si, Sinsan-si, and was arrested as a flagrant offender, the Defendant: (a) took a bath to I; (b) knee I’s kne; and (c) committed assault on I by

B. At around 08:50 on the same day, the Defendant assaulted the Defendant at one time to walk the I’s bridge due to the defect that I want to move the Defendant to the protection seat at the He police box located in the Sinsan-siJ.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on suppression, prevention and investigation of crimes.

Summary of Evidence

1. Application of the police's written statement D to the defendant's partial statement I to the police's written statement D and C's written photographic statutes

1. 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 concerning criminal facts, the choice of imprisonment with prison labor;

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 suspended execution of the Criminal Act is recognized as having been in a state of drinking at the time of the instant crime, but in light of the background, method and content of the instant crime, the Defendant’s behavior before and after the instant crime, etc., the Defendant did not have the ability to discern things or make a decision under the influence of alcohol at the time of the crime.

It seems that it was in a state or weak.

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