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(영문) 서울동부지방법원 2015.09.17 2015고단1501
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 29, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.), around 12:35, 2015, on the front side of the LG electronic service center in Gwangju City, Gwangju City, 216, when he gets in the front line of a taxi operated by the victim C (the age of 63) and was under the influence of the same city in the same city, while he was under the influence of alcohol, and the victim who stopped a taxi according to a traffic signal, she sees the victim’s face and chest to the effect that the signal is changed from the victim’s signal.

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

2. On April 29, 2015, the Defendant arrested a flagrant offender for committing a crime described in paragraph (1) on April 12:45, 2015, and then arrested the flagrant offender at around 13:10 on the same day, the Defendant took the face of F (33 years of age) who was a police officer who was engaged in driving with the Defendant at around 13:10 on the same day.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Each police statement made to F and C;

1. Application of each statute on 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 reasons for sentencing of Article 62(1) of the Criminal Act on the suspended sentence under Article 62(1) of the Act on the Suspension of Execution, Article 62(1) of the Criminal Act, and Article 62(1) of the Act on the Suspension of Execution [Scope of Punishment of Violence] that there is no basic area (6 to 1 year and 4 months), the basic area (6 to 4 months) of the Act on the Suspension of Performance of Official Duties [Scope of Punishment of Violence] / [Scope of Recommendation of Violence] the aggravated area (4 to 1 year), the aggravated area (4 to 1 year) of the Act on the Punishment of Violence, the final sentencing due to the aggravated punishment of multiple crimes: Six months to 10 months [Determination of Punishment of Violation of the Act]

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