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(영문) 부산지방법원서부지원 2020.12.11 2020고단1872
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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. Around 00:00 on June 23, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) was able to take care of the victim’s DNA operation in the E-si of the victim D, who is in the traffic signal line, and the victim was driving a taxi in the taxi. The Defendant was able to take care of the victim’s her hand and her son.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

2. On June 23, 2020, the Defendant, at the G District Parking Site located in Busan, which was voluntarily accompanied by the report of the above D 112 on June 23, 2020, carried out a request for returning home from the security guards H of Busan, and carried the above H as his hand, and boomed the knick with the above H.

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

Summary of Evidence

1. Defendant's legal statement;

1. The investigation report (G District CCTV analysis, etc.) on each police statement of H and D, and the application of the CD-related Acts and subordinate statutes;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act on the Punishment, etc. of Specific Crimes, the choice of imprisonment with prison labor, respectively;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is highly likely to be committed in light of the circumstances and methods of the crime in light of the following: (a) the instant crime committed on the grounds of assaulting the driver on the grounds that the taxi was driven by a taxi; (b) the police officer called out upon receiving 112 a report, taking a bath and scambling him; and (c) the police officer called out

Although the Defendant had been punished due to the obstruction of performance of official duties, the risk of repeating the instant crime is high.

However, the fact that the defendant shows the attitude of recognizing and opposing the crime, the degree of exercising tangible power is not very serious, and the victim D.

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