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(영문) 서울중앙지방법원 2016.03.17 2016고단297
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 27, 2015, the Defendant violated the Act on the Aggravated Punishment of Specific Crimes (Assault, etc. against a driver) met around 06:00, and took aboard the back seat of H-si, Gangnam-gu, Seoul, Seoul, with the victim G on the back seat of H-si, Seoul, and tried the victim's driver of a motor vehicle running in a way that makes it possible for the victim to take back to the lower seat of H-si operated by the victim G while getting out of the front seat of Seongdong-gu Seoul, Gangnam-gu, Seoul, without any justifiable reason.

2. The injured Defendant attempted to flee from the Gangnam-gu Seoul Special Metropolitan City I road at the time of the day set forth in the above 1. Around the day of the above 1.m., the victim G was knicker, the victim’s knife and knife the victim’s face, and the victim’s face, chest, distribution, etc. were pushed down continuously, and the victim’s face, chest, distribution, etc. were carried out several times.

3. On August 27, 2015, the Defendant interfered with the performance of official duties, at around 06:07, at the place specified in the foregoing 2.2. Around August 27, 2015, the Defendant obstructed the police officer’s legitimate performance of duties concerning the handling of reports by assaulting, such as: (a) the police officer affiliated with the Gangnam Police Station JJ box called the Defendant, who was dispatched after receiving 112 reports due to the aforementioned assaulting at the place specified in the foregoing 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G or K;

1. A written diagnosis of injury;

1. The application of the investigation report (related to black stuff images) and photographs attached thereto to the Acts and subordinate statutes;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Crime, Article 257 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

1. Article 62 (1) of the Criminal Act (the fact that a mistake is pened in depth and a contingency is made in a state of drinking;

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