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(영문) 인천지방법원 2015.12.03 2015고합196
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On December 24, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for the obstruction of performance of official duties, etc. at the Seoul Central District Court on November 15, 2014, and completed the execution of the sentence at the Incheon Detention Center.

【Criminal Facts】

under the influence of alcohol that lacks the ability to distinguish things or make decisions;

1. On December 25, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) (hereinafter referred to as the “Aggravated Punishment, etc.”) took time off the face of the victim by hand in E-si driven by the victim D (the age of 57) running a road in front of the Incheon Nam-gu Incheon Metropolitan City at a speed of 40km.

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

2. At around 10:00 on the same day, the Defendant publicly insultingd the victim G, a police officer belonging to the above police station, who is a police officer belonging to the above police station, who was arrested and detained a flagrant offender due to the above crime in the Incheon Southern-dong Police Station and the investigative waiting room located in the south-dong, Incheon-gu, Incheon, 68, and the investigation room. In the presence of the civil petitioner F, etc., the Defendant told the victim G, who is the police officer belonging to the above police station, of the larger flobb of the flob of the bit

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. The police statement concerning G;

1. A written statement;

1. Video CDs (cambox images);

1. Taking photographs of the victim's body of violence;

1. Previous convictions indicated in judgment: Resident inquiry and criminal records, personal identification and confinement status, application of Acts and subordinate statutes to reports on investigation (prior convictions and confirmation of the same offense);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 311 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Of concurrent crimes, the accused and the defense counsel provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than the punishment);

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