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(영문) 부산지방법원 2016.01.15 2015고단7561
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 October 14, 2015, around 22:25, 2015, the Defendant: (a) boarded the F taxi on the part of the victim E (67 years old) in front of the “D theater” located in the Busan East-gu, Busan; and (b) did not inform the destination to the victim; and (c) took the victim’s desire to stop the taxi temporarily; and (d) when the victim temporarily stops the taxi, the Defendant returned the taxi to “the death of the son.”

".................." The victim's neck was made once by left hand.

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

2. At around 22:50 on the same day, the Defendant: (a) asked questions about the situation in which the Inspector H was at the Busan East Police Station G District; and (b) assaulted the fluor’s face to the above H by stating, “in the case of nitron, fincing off”; and (c) assaulting him/her of the fluor’s face.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with H and E;

1. Application of Acts and subordinate statutes of photographs and investigative reports;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 136 (1) of the Criminal Act and Article 136 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reasons for sentencing under Article 62-2 of the Criminal Act on the Sentencing of Article 62-2 of the Order to Attend Military Service, where the first crime (in the case of assaulting the driver of an automobile in operation) (the scope of recommended punishment) in the basic area (from June to January to April) of the first (in the case of obstructing the performance of official duties) [the scope of recommended punishment] in the basic area (including special mitigation to February to October) of the first (in the case of assaulting the driver of an automobile in operation) in the basic area (including special mitigation to damage) of the first (in the case of assaulting the driver of an automobile in operation), or in the case of recovering from considerable damage, the scope of final sentence according to the majority aggravation of crimes: from June to September [the decision of sentence] in the case of assaulting the driver of an automobile in operation, the scope of final sentence due to the number of crimes committed by a person who has been punished by a fine for negligence in the year 2012.

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