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(영문) 서울서부지방법원 2017.05.12 2017고단170
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2. Provided, That the execution of the above sentence 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 December 8, 2016, the Defendant: (a) 19:00 on December 8, 2016, 2016, when the Defendant was under the influence of alcohol in one fluorial area of the Mapo-gu Seoul Mapo-gu Network Board, and was in the fluor of the victim D (in South and 51 years of age) on the E-si under the influence of alcohol, and was in front of the Seoul Mapo-gu Seoul Metropolitan Government flu

2. The Defendant, at around 20:00 on the same day, assaulted the face of the above police officer on the ground that, while waiting to undergo an examination at the H police box located in Mapo-gu Seoul Mapo-gu, the Defendant was booming the above police officer’s face, on the ground that the police officer I will block the police officer I belonging to the above police box while waiting to undergo an examination.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute on police statements made to I and D;

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;

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

3. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., circumstances in which the following sentencing is favorable).

1. The recommended sentencing guidelines: Six months to eleven months, if the person selects imprisonment;

(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) is the basic area (six months to one year and six months), and there is no special sentencing factor (a person with special sentencing)

(b) Second-Class Crimes (Assaults) [Scope of Recommendations] : 6 months to 11 months, where the basic area (2 months to 10 months) (special mitigation (special mitigation)) / Where the driver of a motor vehicle in operation commits assaults the driver of a motor vehicle in operation, the final sentencing scope due to the aggravation of multiple offenses (one type):

1. Unfavorable circumstances: The offense committed by the defendant, such as assaulting the police officer in uniform at the police box, etc. is inferior;

1. favorable circumstances: contingent crimes;

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