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(영문) 의정부지방법원 2020.07.21 2020고단1559
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around February 20, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc., of Specific Crimes, etc., (the act of assault against a driver) was on board the victim C (the 58-year-old age) who was an employee driving on behalf of the victim C (the 58-year-old age) from the roads near Eunpyeong-gu Seoul Metropolitan Government, and stopped at the seat of the seat and waiting for signal at the seat of the seat and did not stop on the expressway, and expressed the victim’s desire to “this spice, spice, and spice”

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

2. On February 9, 2020, the Defendant: (a) expressed a desire to wait on the road in front of the E Apartment House of the Government of the Republic of Korea on the ground of the same reasons as indicated in paragraph (1) above; and (b) received a demand from the Speaker G belonging to the Gu Police Station F Zone G of the Gu Police Station who called out after receiving 112 reports on the ground of the same reason as indicated in paragraph (1) and received a demand from the police officer G to the time he was represented by the police officer for waiting on the vehicle; (c) booming the chest part of the police officer’s chest with his hand, b

As a result, the Defendant interfered with the legitimate performance of police officers' duties concerning handling 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and C;

1. Application of Acts and subordinate statutes to photographs of victims;

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 Criminal Act concerning criminal facts, the choice of imprisonment with prison labor, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act that the defendant committed the crime of this case again despite the fact that he was sentenced to suspended sentence for violent crimes, including the criminal record, which committed the crime of this case. However, the defendant did not repeat again for a long time, and the victim does not want the punishment against the defendant by agreement with the victim of the driver assault.

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