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(영문) 대구지방법원 2014.12.09 2014고단5273
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 02:20 on October 13, 2014, 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 a assault against the victim D (the age of 51) who was a private taxi driver on the ground that he had a large amount of taxi expenses, on the grounds that “the aged and age have been settled, since he had been able to do so, it has been ever been able to do so,” and used a balthro, and used a balth to catch the arms of the victim who was driven by the victim while driving a private taxi while moving to a police box.

2. At around 02:30 on the same day, the Defendant used the police box located in the same Gu E, for the following reasons: G, who was in receipt of a report on the said fact, to pay taxi expenses; and to have her home home, she expressed that “the flap, the flue, the fluor, the police officer, and the fluor, the fluor, the fluor, and the fluor, the fluor of the fluor’s face.” The Defendant used the fluor portion of the chest with the left shoulder by her hand twice.

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of G-report cases by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning G and D;

1. Application of the Acts and subordinate statutes on the screen closure photographs;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 136 (1) of the Criminal Act concerning the crime;

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 Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures even though the defendant had been punished several times for the same kind of crime, the defendant committed each of the crimes in this case in depth, but the defendant is divided in depth, the degree of violence and obstruction of public service is not severe, and the victim D does not want the punishment of the defendant, and the age of the defendant is other.

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