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(영문) 수원지방법원 안산지원 2020.04.10 2020고단455
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. Around 16:20 on February 2, 2020, the Defendant: (a) 16:30 on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) boarded the Victim B (the age of 58) taxi; and (b) 16:30 on the same day, around the road near the E-Motor Vehicle Driving Specialized School located in D at the Gyeonggi City E-King-si. On the same day, the Defendant left the front seat of the victim for the reason that the victim was seated on the back seat and operated bypassing the destination.

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

2. On February 2, 2020, the Defendant assaulted the 1st floor of the Sinung Police Station located in Sinung-ro, 513, Goung-ro, 18:30, on the following grounds: (a) on the 18:30, the Defendant was arrested as a flagrant offender for the foregoing reason and transferred a new soldier’s disease, such as taking the face of G’s head.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on the transfer of a soldier's disease.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and G;

1. A H statement;

1. Ministry of Health and Welfare, such as a medical certificate and victim warning G;

1. The head of a Myeon in which the suspect is removed from the scam of the scam of the scambling G, such as a photograph of a CCTV photograph;

1. Application of the Acts and subordinate statutes to photograph the inner booms images of taxi vehicles;

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 act of assaulting a driver with reason for sentencing under Article 62(1) of the Criminal Act is very dangerous per se in the crime. Furthermore, the Defendant committed assault against a police officer to commit a crime. Although there are parts of the charges regarding one’s act, the Defendant appears to have expressed differently from some of the charges, the Defendant itself is aware of the mistake and reflect in depth.

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