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(영문) 수원지방법원 2015.10.06 2015고합439
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:55 on July 18, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.) committed four times the back of the victim E (the age of 46) who was driving a Korean highway No. 43 in the vicinity of the Downed Oil Station in Sungsung-si C, on the ground that the taxi woods off from the back seat of the F taxi.

As a result, the defendant assaulted the victim who was in operation of a motor vehicle, and inflicted an injury on the victim, such as the 14th day after the drilling, which requires treatment for about 14 days.

2. At around 01:20 on July 18, 2015, the Defendant was voluntarily compelled from police officers due to the crime described in paragraph (1) at the Hasung Western Police Station, which was located in Ma, the Defendant refused to affix a seal to the written confirmation, and returned home without leaving the wall.

On the other hand, the defendant asked "I(39 years of age) who followed the defendant," "I will not leave the house," and the defendant assaulted the above I's threshold on two occasions by sending it "I't leave the house, so I't leave the house."

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the initial investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E and I;

1. A written diagnosis of injury;

1. Photographss of damaged parts, and photographs of special cases ( drivers, violence, etc.);

1. Application of video Acts and subordinate statutes of black boxes and CDs;

1. Article 5-10 (2) (former part) and Article 5-10 (1) (former part) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment) concerning criminal facts;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment of the crimes above two crimes)

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are below.

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