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(영문) 부산지방법원 2016.01.27 2015고단6878
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for six 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 September 9, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver) on the ground that he returned to the road front of the B apartment in Busan, Jin-gu, Busan, and that he returned to the road while he was aboard the rear seat of the victim C (61 ) who was driven by the victim C (61 ).

“Ching the victim’s head at one time with the floor of the victim’s head.”

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

2. On September 9, 2015, the Defendant: (a) at the Busan Police Station E District, which was arrested in the above criminal act around 03:00 on September 9, 2015; (b) committed assault against the F, who prepared an investigation document by the police officer F, to “I am informed of the fact that the police officer controlled himself in the process of arrest; (c) I am informed of the fact that “I am informed of the fact that I am out, Chewing gue, Ear, Ear, I amra; and (d) I am informed of the fact that I am Ga 3 smartphones used by his hand; and (d) was ambling the monitor that was put in the front of the F.

Accordingly, the defendant interfered with legitimate execution of duties concerning investigation duties by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to C and F;

1. Application of Acts and subordinate statutes to on-site photographs and CCTV closures;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment with prison labor for each crime;

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. Reasons for sentencing under Article 62(1) of the Criminal Act [Scope of the punishment of recommendation] : Crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violence, etc.): Reduction of Category 1 (General Violence) (Crime of Violence, etc.): Obstruction of Execution of Official Duties: Aggravation based on the criteria for handling multiple crimes (In June - 1st and April) on the basis of Category 1 (Obstruction of Interference with and Force of Performance of Official Duties) (Crime of Obstruction of Performance of Official Duties) (Crime of Obstruction of Interference with and Force of Duties) : June - 1 year (Special Sentencing).

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