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(영문) 수원지방법원 안양지원 2014.12.29 2014고단1191
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 06:00 on May 17, 2014, the Defendant assaulted a driver of a motor vehicle running on two occasions by hand when the victim C (the 60-year-old) who is a taxi driver (the 60-year-old driver) was driving in the vicinity of 126 Don-gu Man-si, Ansan-si, Ansan-si.

2. Around 06:15 on May 17, 2014, at the place indicated in paragraph (1) of this Article, the Defendant made a public insult of the victim by openly exposing 10 persons, including G, etc., from among the victim slopeF belonging to the Ansann Police Station E district, Ansann Police Station E district, who was called out after receiving a report from C that the Defendant would not pay a taxi fee, without any justifiable reason, while there are 10 persons, including C and G, who are neighboring residents.

3. At around 06:35 on May 17, 2014, the Defendant: (a) arrested a flagrant offender committing a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.) (hereinafter “Aggravated Punishment, etc.”) as stated in paragraph (1) on the front side of the tin elementary school located in Ansan-gu Man-si, Mayang-si; and (b) boarded the head of the slopeF aboard the same patrol vehicle while getting on and moving the patrol vehicle according to the said E zone; and (c) around 09:25 on the same day, the Defendant assaulted a police official who performs legitimate duties concerning the handling of reports and the arrest of a flagrant offender by walking the chest parts of the H of the police station belonging to the said patrol vehicle one time at the seat of the police station.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of F and H;

1. Application of Acts and subordinate statutes in writing C;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Election of Specific Crimes, Article 31 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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