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(영문) 부산지방법원 2015.12.29 2015고단7238
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 23, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.) committed assault on the part of the victim when the victim was able to drive a motor vehicle in the front line of the "C" located in the Busan Jin-gu, Busan (hereinafter referred to as the "C" in the "C"), while getting in the front line of the "C" driven by the victim D(74 years of age)", and assaulted the driver of the motor vehicle in operation in both hands when the victim was able to drive the motor vehicle.

2. On October 23, 2015, the Defendant: (a) around 07:40 on October 23, 2015, at the public service center of the police station located in the Dongdong-dong-gu Busan Metropolitan City, the Defendant: (b) obstructed the disturbance, such as putting the patrol car at the seat of the Defendant located in the F of the F of the Geum-gu Busan Metropolitan City; and (c) obstructed the slope G of the above police station located in the steering boat at the patrol car, and sought reasons for the disturbance from the Defendant; and (d) the Defendant, who was able to ask the Defendant of the reason for the disturbance, she laid off the gark, she was seated, and assaulted at one time with the face of drinking.

Accordingly, the defendant interfered with legitimate execution of duties on protective measures for the above police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused;

1. Each statement made to D and G;

1. Application of Acts and subordinate statutes to investigation reports and photographs on damage;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 136 (1) of the Criminal Act and the choice of imprisonment with labor concerning the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Second crimes for which there is no basic area (6 to 1 year and 4 months), the basic area (6 to 1 year) of the 1st category of the obstruction of performance of official duties (referring to the scope of recommendations) (referring to the scope of recommendations), the basic area (referring to February to 10 months) of the 1st sentence (referring to the scope of recommendations) of the 1st sentence (referring to the general violence) of the suspended sentence under Article 62(1) of the Criminal Act.

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