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(영문) 인천지방법원 2017.09.01 2017고단4357
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 6, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) committed assault, such as taking the victim E (72) on the front of the road located in the Nam-gu Incheon Metropolitan City, Seoul (72) around April 16, 201, by taking the victim E (72) from the head of FF taxi that was boarding as a guest to the destination and moving to the destination, leaving the victim’s head door of the above taxi. On the other hand, the Defendant committed assault, such as making the victim’s head door one time at drinking, and continuously leaving the victim’s right eye due to drinking.

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

2. On April 6, 2017, the Defendant: (a) committed assault against the Defendant, without any justifiable reason, to listen to the particulars of the instant report by the police officer H(28) affiliated with the Namdong Police Station G police station of Incheon, which called out after receiving a 112 report, at the place indicated in the foregoing paragraph 1 at around April 16:10, the Defendant: (b) committed assault against the said police officer, who was sent to the scene of the instant report.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. A damaged photograph;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment with prison labor for each crime;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Application of the sentencing criteria;

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) in the basic area (six months to one year and six months);

B. Second-Class 2 Crimes (Assaults) (Extent of recommended punishment) are the basic sphere (2-10 months to 10 months) (special mitigation).

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