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(영문) 창원지방법원 진주지원 2019.06.13 2019고단125
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 (Aggravated Punishment, etc. of Specific Crimes) (Aggravated Punishment, etc. of Specific Crimes, etc.) went back on December 22 and 20, 2018 to the victim B (the 51-year age), a substitute driver driver, and let the victim drive the C-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-U

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

2. 공무집행방해 피고인은 2018. 12. 19. 22:40경 진주시 F에 있는 ‘G’ 앞 도로에서 제1항과 같이 대리운전기사를 폭행하여 112 신고를 받고 현장에 출동한 진주경찰서 H지구대 소속 순경 I으로부터 신분증을 제시할 것을 요구받자 “내가 뭘 잘못했는데, 비켜 씨발 놈아. 이 새끼야.”라고 말하는 등 욕설을 하며 오른손으로 I의 목 부위를 3회 때렸다.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to J, B, and I

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 136 (1) of the Criminal Act concerning criminal facts and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Selection of Criminal Crimes;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes of obstruction of the performance of official duties (determination of the type of obstruction of the performance of official duties) [Article 1] The scope of recommendation and recommendation that there is no obstruction of the performance of official duties or coercion of official duties [Article 1].

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