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(영문) 수원지방법원 2016.11.03 2016고단5447
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment, etc.”) committed an act of assaulting a victim’s shoulder 4,5 times, 5 times, on September 21, 2016, driving on the way in front of the 3rd-ro 110-gil, Suwon-si, Suwon-si, which was operated by the victim B (the 53 years of age), who is a taxi engineer, was boarding the CK5 taxi and going to the frighten in the ero of Sungnam-si, which is a destination, while under the influence of alcohol, without any particular reason, the Defendant expressed the victim’s desire to “a bit of bit of fri, frith, frith, hing a taxi, hing a taxi without a taxi, and assaulting the victim’s shoulder on the left hand.”

2. On September 7, 2016, at the Suwon-gu, Suwon-gu, Suwon-gu, Suwon-gu, Suwon-si, the Defendant: (a) reported 112 under the suspicion of assaulting a taxi engineer as described in paragraph (1) and arrested him as a flagrant offender; (b) while the civil petitioner on the above B and name was heard, the Defendant insultd the victim F, who was the police officer affiliated with the above police box, by saying, “I am fribbb of this frith to frith of this frith; and (c) I am f of this frith of this frith; and (d) I am f of this frith of frith frith, frith of frith frith; and (d) I am hack

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements concerning B and F;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 311 of the Criminal Act, and the choice of imprisonment with prison labor for each case;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the Defendant assaulted the taxi driver, arrested a flagrant offender, and openly insulting the police officer at the police box. In light of the content and method of the crime, the nature of the crime is not good.

In addition, the fact that the defendant has been punished due to multiple violence, obstruction of performance of official duties, etc. is the defendant.

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