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(영문) 의정부지방법원 2020.05.20 2019고단2156
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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. On February 24, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) committed assault on the part of the victim on one occasion due to the reason that the victim cannot be identified under the influence of alcohol due to the influence of alcohol on the part of the victim in the C-si operated by the victim B (the age of 66).

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

2. At around 00:40 on February 24, 2019, the Defendant: (a) committed an assault to the above F, i.e., having asked the Defendant as to whether he/she committed an assault under paragraph (1) against the Defendant at the E District Police Station of the Gu Government Police Station affiliated with the said District; (b) having asked the Defendant as to whether he/she committed an assault under paragraph (1), the Defendant, by hand, assaulted the F’s blick at one time and less time.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. B written statements;

1. Application of the photographic Acts and subordinate statutes;

1. Article 5-10 (1) and Article 136 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against Criminal Crimes as prescribed by the relevant Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Selection of each sentence of imprisonment;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months;

(b) Class 2 crime (violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) / [Determination of the type] violent crime / [Class 1] general assault [Special / Aggravated Punishment] mitigation elements: Damage due to the punishment unafford (including serious efforts to recover damage) or considerable damage.

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