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(영문) 수원지방법원 2019.08.22 2019고단2043
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 3, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment, etc.”) against the victim B (the age of 71) taxi in the vicinity of the 10 Do government building distance in Suwon-si, Suwon-si, a Do government office, and the victim and the destination of the destination, were at least once in dispute with the victim’s face.

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

2. At around 01:40 on April 3, 2019, the Defendant: (a) obstructed performance of official duties; (b) on the street near the 10 Do office distance, the police commander of the Suwon-nam Police Station D police box called up to the 112 report of the Defendant, as described in paragraph (1), sent to the 112 report of the 10 Do office street near the 10 Do office distance; (c) the police commander of the Suwon-nam Police Station D police box called up to the 112 report of the Defendant, attempted to identify, file the Defendant, and hear the statement; and (d)

As a result, the Defendant interfered with the legitimate execution of duties of police officials concerning the handling of reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. B written statements;

1. Application of Acts and subordinate statutes to photographs related to the obstruction of performance of official duties, taxi drivers, violence-related photographs, and black stuff photographs;

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 concerning criminal facts, 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 defendant in the suspended sentence of Article 62(1) of the Criminal Act assaults a driver of the reason for sentencing, and commits an assault against a police officer called out after receiving 112 report, and the nature of the offense is not good.

However, the defendant's mistake is recognized, and the defendant seems to have committed the crime of this case in the state of full exploitation, the defendant's age, character and behavior are the only agreed upon with the victimized driver.

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