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(영문) 의정부지방법원 2016.09.01 2016고합266
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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 22:50 on May 1, 2016, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.) reduced the victim DNA (the age of 55) who was driving by proxy the Defendant’s vehicle in the driver’s vehicle, without any particular reason, while under the influence of alcohol on the side of the width, and suffered bodily injury, such as fluoral salt, etc., for which two weeks of treatment is required.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

2. On May 1, 2016, at around 23:00, the Defendant: (a) obstructed the performance of official duties; (b) the police officer, who was a police officer belonging to the Namyang Police Station E District forces, called out after receiving a report of assault at the place of paragraph (1) and attempted to attack the above acting engineer; and (c) the Defendant duplicatedd the said F’s title on one hand with his left hand, while taking a bath, and assaulted the chest on several hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement made to F and D;

1. A report on internal investigation (case concerning site conditions, etc.) and a list of 112 cases;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes concerning photographs and booms image analysis photographs;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant Act on the Punishment, etc. of Specific Crimes and Article 136 (1) of the Criminal Act (the point of obstructing performance of duties and the choice of imprisonment);

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments of the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than the punishment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the reasons for the punishment in prison);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Grounds for sentencing under Article 62-2(1) of the Criminal Act for orders to provide community service and attend lectures.

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