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(영문) 의정부지방법원 고양지원 2015.02.06 2014고합253
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 4, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of Specific Crimes) (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.) (the Act on the Aggravated Punishment, etc. of Victims E (the Act on the Aggravated Punishment, etc.) who is an agent of the Defendant, was driving a vehicle in front of the restaurant referred to as "D" located in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul, by allowing the Defendant

2. Around 20:54 on December 4, 2014, the Defendant, who was arrested as a flagrant offender by the victim I, who was a police officer of the Goyang Police Station H District Unit in the Goyang-gu, Goyang-gu, Goyang-si, Goyang-si, and called “A son, I son, I son son son, and I son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son.” The Defendant openly insultingd the victim by openly expressing that “The victim is a flagrant offender

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E and I;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 5-10 (2) (former part) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, the former part of Article 5-10 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Election of Specific Crimes

2. Aggravation of concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments of the crimes against the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Crimes against Drivers, Violence, etc. which are heavier than the punishment).

3. Articles 53 and 55(1)3 of the Discretionary Mitigation Criminal Act (the following sentencing factors are considered in favor of the accused).

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