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(영문) 대전지방법원 천안지원 2020.06.19 2020고단713
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 26, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) committed assault against the driver of a motor vehicle running on one occasion on the part of the victim's shoulder, following a sudden stop, when the victim C (manam and 59 years old) went to a destination while getting on the second apartment in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, 202, while driving at the destination and temporarily stopping at the destination.

2. On February 26, 2020, at around 00:28, the Defendant: (a) expressed a desire to return home from F and the police officer of the Seoanbukbuk Police Station E District, who was dispatched to the site after having received a report at the same place on February 26, 2020; and (b) expressed a desire to return home from F and the police officer G, and (c) took one time the part of the above F as his hand, and prevented him from passing it one time as his hand.

Accordingly, the defendant assaulted police officers who perform legitimate duties in relation to 112 reporting processing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and G by the police;

1. C’s self-written statement;

1. A written diagnosis of injury;

1. Application of the relevant photographs, the 112 Report Processing List, the Bag Images, and the Acts and subordinate statutes governing the black cinematographics;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

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

1. Since each of the crimes of obstruction of performance of official duties in accordance with the sentencing guidelines is in a mutually competitive relationship, the sentencing guidelines do not apply, but are examined only by reference.

A. First Crimes (Determination of the Suspension of Performance of Official Duties) / [Type 1] Obstruction of Performance of Official Duties / No person forced to perform his/her duties (special person) (the scope of recommendation area and recommendation range] basic area, six months to one year and six months.

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