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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. 특정범죄 가중처벌 등에 관한 법률위반( 운전자 폭행 등) 피고인은 2015. 7. 31. 23:55 경 구미시 왕산로 23-13에 있는 임은 코오롱 하늘 채 정문 앞 도로에서, 피해자 C(66 세) 이 운행하는 D NF 쏘나타 승용차의 조수석에 탑승하고 가 던 중 대리 운전기사인 피해 자가 과속을 한다는 이유로 욕설을 하며 오른손으로 피해자의 왼뺨을 1회 때렸다.
Accordingly, the Defendant assaulted the driver of a vehicle in operation.
2. Interference with performing public duties;
A. On August 1, 2015, at around 00:15, the Defendant: (a) confirmed the circumstances of the instant case from the E19 Safety Center in front of the 119 Safety Center, which was called out after receiving the report on August 1, 2015, and demanded the Defendant to return back to the Defendant after confirming the circumstances of the instant case, and requesting the Defendant to return to the Defendant, the Defendant “F’s breast part of the Defendant’s chest as a drinking f, which was sent to the instant case, immediately after treating the instant case in the E19 Safety Center.”
Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of reported duties.
B. On August 1, 2015, the Defendant, at around 01:20, who was arrested in flagrant offenders under the above A at the E District District of the Gyeong-si Police Station of the Gyeongdong-si, Chungcheongnam-si, Seoul Special Metropolitan City. On August 1, 2015, the Defendant assaulted the FF’s right-hand shoulder with the Defendant’s arms that F, who attempted to cause the Defendant’s arms to be kid.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the maintenance of order in the earth.
Summary of Evidence
1. Partial statement of the defendant;
1. The legal statement of the witness C;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Each police statement with respect to C and F;
1. A report on internal investigation (including heading 1 of a photograph attached thereto, and up to 28 through 29 of the investigation records) / The defendant and his defense counsel were a motor vehicle at the time of assaulting the victim C, and thus, they are subject to the aggravated punishment of specific crimes.