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(영문) 부산지방법원 2013.10.18 2013고합411
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for two years.

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

[criminal power] On January 13, 2004, the defendant was sentenced to a suspended sentence of one year by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (at night group, deadly weapon, etc.), and on June 4, 2009, the same court was sentenced to a suspended sentence of three years by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act (a violation of a group, deadly weapon, etc.) and two times more.

【Criminal Facts】

1. On February 17, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.) asked the victim “Idddddd” to the back of the taxi seat of the victim D (age 39) in front of the employment center located in Busan-dong, Busan-dong, and asked the victim “Iddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd

The defendant continued to play on the side with the hand of the victim who intending to set up a taxi on the side, and 10 times the victim's head, side interest, and the part of the arms.

As a result, the defendant got off the victim's 14-day medical treatment for about 14 days.

2. On February 17, 2013, at around 01:50, the Defendant obstructed the police officer’s legitimate execution of duties concerning the prevention, suppression, and investigation of the crime by assaulting the taxi engineer at the place specified in paragraph (1) and committing an assault by the police officer F belonging to the Busan District E-gu Police Station, Busan, to arrest the Defendant as a flagrant offender due to the crime described in paragraph (1). Moreover, the Defendant committed an assault by assaulting the F to the effect that the police officer F, who was dispatched, attempted to arrest the Defendant as a flagrant offender on the ground of the crime described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A photograph of, or a written diagnosis of injury on the part of the victim;

1. Each investigation report, confirmation of the contents of treatment, etc. of the victim, and victims;

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