A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. 특정범죄가중처벌등에관한법률위반(운전자폭행등) 피고인은 2019. 7. 9. 09:00경 부천시 중동 근처에서 피해자 B(71세)이 운전하는 C 택시에 탑승하여 목적지인 부천시 D 아파트로 이동하던 중 아무런 이유 없이 피해자의 뒷목을 손바닥으로 수차례 때리고 목을 잡아당겼고, 이에 피해자가 위 D 아파트 근처에 택시를 정차하고 경찰에 신고를 하려고 하자 택시에서 내려 운전석 문을 열고 안에 있던 피해자를 재차 발로 걷어찼다.

Accordingly, the defendant assaulted the driver of an automobile in operation.

2. The Defendant assaulted the victim E (the aged 41) at the front of the foregoing D apartment at the time, on the ground of the defect that the victim E (the aged 41) tried to report to the police at the request of the above B, thereby walking the victim's right bridge at several times.

3. On the front side of the above D apartment at the temporary border of the foregoing Paragraph 1, the Defendant: (a) asked the Defendant about the circumstances of the instant case; and (b) assaulted the Defendant at one time with the face of the said G on the front side of the D apartment at the time of the foregoing Paragraph 1.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. Each statement of B and E;

1. Photographs, etc. of damaged parts;

1. Application of the Acts and subordinate statutes to a criminal investigation report (for the purpose of business submitted to the victim G, confirmation of images), investigation report (victim B’s hearing of statements, etc.);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 260 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment for a crime;

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

1. Article 62 of the Criminal Act: